MLS, CSOs fume over Judiciary Bills
Malawi Law Society (MLS) and some civil society organisations (CSOs) have told the Executive to stop using the Judiciary as a scapegoat to justify delays in tabling the Constitutional (Amendment) Bill and Judicial Service and Administration Bill.
The bills, which seek to promote transparency and accountability as well as enhance judicial independence, were expected to be tabled in Parliament last month, but this did not happen and sources say they may be considered in the next meeting of Parliament.
In a letter to the Solicitor General Allison M’bang’ombe dated February 28, MLS president Patrick Mpaka said the constitutional responsibility to initiate laws and policy lies with the Executive not the Judiciary.
He said: “We find it necessary to urge the Ministry of Justice as the policyholder, instead of unnecessarily deferring to the Judiciary, to take full charge and promote the reform and to explain to the Executive that in a country premised on constitutionalism and the rule of law and given the prevailing circumstances in the administration of justice,
“The Executive branch cannot fail to prioritise the needs and necessities of the branch responsible for the enforcement of the Constitution and hope to succeed in the other spheres of public life. It is for the Executive and Parliament not the Judiciary to make and pass laws.”
Mpaka said the government has recently provided key public policy statements like State of the Nation Address (Sona) and budget statement without clear prospects of judicial law reforms.
With help from partners, he said MLS has assembled a pool of experts in senior counsel Modecai Msisha, former Attorney General Chikosa Silungwe, Professor Mwiza Jo Nkhata and other international experts to help the ministry on the matter.
“It is our submission that the total circumstances at hand present an opportunity which, as a nation led by your ministry, we would do well to exploit and satisfy our constitutional aspirations in the administration of justice for now and the future,” the letter further reads.
In an interview yesterday, Mpaka said they are assessing the situation and looking at all options and engaging other stakeholders to help in moving matters with requisite speed.
On his part, Youth and Society (YAS) executive director Charles Kajoloweka said about 30 CSOs, under YAS in collaboration with National Advocacy Platform (NAP) are meeting this Friday in Lilongwe to discuss the delays.
He said it was imperative that all stakeholders, including the Ministry of Justice, recognise the urgent need for the Judiciary reforms.
Malawi Supreme Court of Appeal (MSCA) and High Court registrar Kondwani Banda did not respond to our questions by press time.
But in a separate interview, Ministry of Justice spokesperson Frank Namangale urged patience when it comes to bills, saying, laws should never be made in a rush or under pressure.
He said: “The same people may come back to blame the government for making bad laws. For the Judicial Service Bill, all processes are underway. We just met with the Judiciary last Friday, and they gave us their feedback which we discussed thoroughly with them.
“It was a very good meeting which clearly reflected the desire for the Bill which we both have. We will soon be calling for a joint consultative meeting between the Judiciary, MLS and ourselves to come to a common understanding before we finalise the Bill.”
The Judicial Service Administration Bill, among others, has provisions that would promote transparency and accountability in the appointment, execution of duties, transfer, discipline and removal of judicial officers and funding of the Judicial Service Commission without interfering with the constitutionally entrenched independence of the Judiciary.
