Delays to administer oaths of office for Judicial Service Commission (JSC) commissioners have stalled investigations into alleged misconduct involving judicial officers, The Nation has established.
JSC spokesperson Edwin Wochi said in an interview yesterday that to date there is no indication yet as to when the new commissioners will be sworn in.
The new commissioners were appointed three months ago.
Wochi said lack of funding has also affected operations.
Chief Justice Rizine Mzikamanda, who chairs the commission, last called for a meeting of the commission about four months ago.
Said Wochi: “We have been idle for some time now, about four months. Our work has stalled. This includes investigations on allegations of misconduct involving some judicial officers.
“The transitional commission may also not have such a great mandate to pursue the investigations any further for fear of being seen to be in intrusion of the work of the new commissioners.”
He said that of the K5.6 billion allocation in the K10.9 trillion 2026/27 National Budget, the JSC has received K1.2 million from Treasury with K475 000 being funding for July, K316 667 for June, K158 333 for May and K316 667 disbursed in April.
One of the newly appointed commissioners, speaking on condition of anonymity, also expressed their frustration with the delay, saying there has been no word from the appointing authority.
Office of the President and Cabinet director of communications Focus Maganga yesterday asked for more time before commenting on the matter.
The new JSC comprises Mzikamanda as chairperson, Malawi Supreme Court of Appeal Judge Ophrah Dorothy Kamanga, High Court of Malawi Judge Violet Palikena Chipao, senior resident magistrate Ellen Chapita, lawyer Patrice Nkhono, academic Chikosa Banda and rights activist Victor Chagunyuka Mhango, among others.
Meanwhile, Parliament’s Public Appointments Committee (PAC) has said processes are underway for the appointment of a commissioner for the Independent Complaints Commission of the Judiciary (ICCJ) as provided under the Judicial Service Administration Act.
PAC vice-chairperson Joshua Malango said in an interview yesterday that the committee has already engaged Malawi Law Society (MLS) and the Department of Human Resource Management and Development on the appointment.
In its July 9 2026 statement, MLS called on PAC to appoint the Commissioner and urged the government to support the full operationalisation of the ICCJ.
The society also said it was concerned that new commissioners of the JSC have not been sworn in and that no explanation has been provided for the delay, a development which undermines accountability and public confidence in justice delivery.
“Without an operational JSC, no meaningful progress can be made in prescribing rules and a code of conduct for judicial officers and other personnel within the judicial service,” reads in part the statement.
On October 31 2024, JSC announced it had initiated a thorough and special investigative process into the allegations, projecting that the commission aimed to complete the investigation within 4 weeks
The commission had set the four weeks to investigate four cases involving High Court Judge Kenan Manda and one case involving Magistrate Diana Mangwana, saying any additional cases or complaints would beviewed beyond the four-week period to ensure that all matters raised are addressed thoroughly.
