Corruption in the legal profession and the general elections will be on top of the agenda in Mangochi as the Malawi Law Society (MLS) 2025 elective general meeting (AGM) gets underway this morning.
The focus on allegations of judicial corruption was first raised by former Judge president Justice Esme Chombo and, most recently, private practice lawyer Alexious Kamangila.
MLS president Patrick Mpaka said yesterday that around 500 members of the legal profession and leaders of other professions have convened in the lakeshore district for a two-day indaba to tackle these pressing issues.
He said: “This conference aims to engage a wide range of stakeholders, including scholars, legal practitioners, academics, researchers, social commentators and other practitioners to answer one central question.
“This question is: Given that the law serves as glue that holds the country together, how can the legal profession maintain its independence and professionalism to ensure that the rule of law and democracy serve the greater public good for all at all times?”
Justice Chombo reported six years ago to the Law Society that lawyers were allegedly colluding with court clerks to destroy court documents.
In her letter dated January 18 2018, Chombo, who was then the Lilongwe Registry judge president, but now retired, complained that some lawyers were paying court staff to “misplace or destroy court files to frustrate case proceedings”.
And last year, Kamangila through social media alleged mishandling of a commercial case involving Salima Sugar Company that sparked public outrage and a wide-ranging investigation by the Judicial Service Commission ( JSC) whose findings the public is still waiting for.
During its 2021 conference, MLS passed a resolution which culminated into a joint statement with the Judiciary effectively admitting the challenges in the administration of justice and publicly recording a desire and plan to address the same once and for all.
But four years after the joint public commitment, MLS believes the profession faces a crisis in public confidence courtesy of wide-scale allegations of corruption at the bench and at the bar.
This, according to MLS, has the Malawi Human Rights Commission (MHRC) for the first time to publicly announced an inquiry into allegations of impropriety at the bench in the backdrop of similar efforts by the National Assembly.
MLS notes in a brief that the Judiciary has also been at the centre of criticism for its failure to expeditiously deliver judgements and to decisively address allegations of corruption in its ranks.
“The adage ‘justice must not only be done but must be seen to be done’ underscores the critical role of public trust and confidence in our justice system. In a democratic soci ety, the Judi c iar y ’s effectiveness hinges on the observance of the rule of law and public’s perception of its fairness and impartiality.
“Our courts have enjoyed a good measure of public trust over the years. However, when this trust is eroded, the entire democratic system is undermined. Through various efforts and by collaborating with various stakeholders, the society has been leading in proponents for judicial reforms and accountability,” it says.
The brief says there is a perception that such efforts by the MLS and other stakeholders have received passive resistance from the Executive and Judiciary, prompting some members of the public and even members of the profession to take unconventional means of demanding judicial and general professional accountability of the legal profession.
On elections, MLS says as the nation faces the September 16 polls, such elections tend to be divisive, polarising and fill the air with political tension; hence, the need to have clarity on the role the legal profession can play.
“At such a time how can the profession maintain its professionalism and remain trusted, reliable and dependable as administrators of the glue that holds the nation and communities together,” reads the overview in part.
During the conference, seasoned legal practitioners and scholars such as Professor Gar ton Kamchedzera , K amu d o n i N y a s u l u , Patrick O’phade Phiri and Innocentia Ottober will make presentations on diverse topics.
Others such as Modecai Msisha, Senior Counsel (SC) and High Court Judge Violet Chipao will be part of a panel discussion on the topic; Maintaining Professionalism in the Face of Conflicting Interests.
In his presentation, Phiri will discuss corruption in the legal profession and its impact on judicial independence while Kamchedzera will reflect on the jurisdiction of the High Court and the Disciplinary Committee of MLS.
On his par t, Nyasulu and Ottober will talk about balancing lawyer individual freedoms against professional obligations and protecting and strengthening of the legal profession as well as managing threats to the independence of the legal profession respectively.
The delegates will also hold a memorial service to celebrate the life and legacy of Professor Ngeyi Ruth Kanyongolo and honour her contribution to the fields of law, human rights and academia.
The renowned lawyer and law lecturer died in October last year while serving as Vice Chancellor of the Catholic University of Malawi (Cunima) after retiring from the University of Malawi.
The highlight of the conference will be elections of new office bearers to run MLS affairs for the next two years.
About 20 lawyers are contesting in various positions with seasoned legal practitioner Davis Njobvu and Mercy Chijere battling it out for the position of president. Mpaka is not standing after serving his two terms.
In an interview, Centre for Social Accountability and Transparency executive director Willy Kambwandira said as MLS changes leadership this weekend, the body needs to be commended for significantly contributing legal reform, safeguarding the Constitution of the Republic and protecting human rights.
“Generally, the influence of MLS has varied depending on leadership at that material time… But the outgoing leadership has maintained consistency in holding duty bearers accountable, including the Presidency,” he said.—Read more on the issues out of the MLS conference and the elections in tomorrow’s Weekend Nation.
