MHRC hailed for judicial accountability inquiry
Malawi Human Rights Commission (MHRC) has earned praise for taking a wider scope in its inquiry into access to justice and judicial accountability in the country.
In separate interviews yesterday, Parliamentary Legal Affairs Committee chairperson Peter Dimba, human rights lawyer Alexious Kamangila and civil society organisation Youth and Society (YAS) welcomed the inquiry as a critical step toward addressing barriers that have historically impacted Malawians’ right to fair and equitable justice.
Through the inquiry, MHRC said it seeks to assess judicial accountability, integrity and competency as well as whether there is need for any change in the laws, policies and practices in addressing issues related to access to justice.
MHRC chairperson Chikondi Chijozi said in a statement yesterday that the State-financed human rights watchdog will not investigate allegations of corruption in the Judiciary, but will assess the effects of corruption on the right to access justice.
“Through this inquiry, the commission will come up with a comprehensive report with in-depth analysis and recommendations to enhance judicial accountability and access to justice,” reads the statement.
Commenting on the development, Dimba said the committee’s preliminary findings on judicial accountability found that allegations of misconduct against High Court of Malawi Commercial Division Judge Kenan Manda, which triggered public outcry, were just a tip of the iceberg.
“The challenges are quite systemic and this broader approach will be more effective,” he said.
On the corruption aspect of the allegations against the Judiciary, Dimba said the Anti-Corruption Bureau has the constitutional mandate to deal with that and the committee does not believe that the bureau is expecting a petition from anyone to move on the corruption allegations.
In a statement yesterday, YAS executive director Charles Kajoloweka said they are particularly encouraged by the inquiry’s inclusion of assessments related to judicial integrity and competency as these are vital components for ensuring that the judicial system operates impartially and upholds public trust.
Reads the statement: “By examining and analysing these dimensions, the MHRC is paving the way for a thorough understanding of how the judiciary functions, where it faces challenges, and where reforms may be urgently needed to restore and sustain public confidence.”
YAS also commended MHRC for inviting public submissions to ensure that the inquiry is informed by the lived realities of the Malawian people.
While describing the initiation of the inquiry as brilliant, Kamangila expressed concern that the inquest will not investigate corruption which he described as the greatest yet publicly hidden barrier to access to Justice.
“We have to devise other means of addressing the problem of corruption in the Judiciary, MHRC will not help with that, clearly,” he said.
High Court of Malawi and Supreme Court of Appeal registrar Innocent Nebi said yesterday the Judiciary remains open to a robust and open interaction regarding its mandate and operations.
The MHRC inquiry follows allegations made on social media by Kamangila about corruption involving judges, lawyers and the Judiciary in general.
MHRC is mandated under sections 129 and 130 of the Constitution to investigate any allegation of a violation of any right enshrined in the Constitution.