MLS pushes for new judges
Malawi Law Society (MLS) has asked President Lazarus Chakwera and the Judicial Service Commission (JSC) to treat the inadequate judges at Malawi Supreme Court of Appeal as a matter of urgency by appointing new judges.
MLS’s call comes three days after the Malawi Supreme Court of Appeal failed to start hearing an appeal between the lawyers’ mother body and the Reserve Bank of Malawi’s (RBM) registrar of financial institutions due to shortage of judges.
In an interview yesterday, MLS president Patrick Mpaka said the inadequacy of judges is affecting justice delivery.
He wondered why the President and JSC have taken long to replace four justices of appeal who retired last year, arguing that the Judiciary was aware that some judges would retire.
Mpaka said: “When we fail as lawyers to access the courts, it means the public is failing to access the courts because we represent members of the public. It’s a serious matter of access to justice and it should not have happened.
“Did we not know that judges will be retiring? It didn’t happen in a single day. They have all retired in different times and here we are. We can’t proceed with some cases before the Supreme Court.”
Section 111 (ii) of the Constitution stipulates that “all judges shall be appointed by the President on the recommendation of the Judicial Service Commission.”
In a separate interview yesterday, JSC chairperson Rezine Mzikamanda said the commission has set the appointment of the new justices in motion.
However, Mzikamanda, who is also the Chief Justice, declined to give details on how many have been proposed and whether the commission has submitted the proposed names to President Chakwera for recommendation.
He said: “I don’t think that is for public consumption, but I think the [new appointed judges] will be adequate. For the High Court we advertised and the processes are also in motion. I do hope that it will not be too long from now that appointments will be made.”
But inside sources at the JSC said the commission proposed four names to be appointed justices and were sent to Chakwera about 10 days ago for recommendation.
When contacted on the matter, Presidential Press Secretary Anthony Kasunda said since the President is outside the country, he will attend to the matter when he returns.
He said: “At the moment, the President is outside the country on official engagement. So, he will attend to any matters that have been brought to his attention when he returns.”
Currently, the Malawi Supreme Court of Appeal has seven justices following the retirement of four other judges last year.
The seven are Mzikamanda, Lovemore Chikopa, Frank Kapanda, Healey Potani, John Katsala, Ivy Kamanga and Charles Mkandawire.
The four justices of appeal who retired last year are former Chief Justice Andrew Nyirenda, Edward Twea, Dunstain Mwaungulu and Anaclet Chipeta.
According to the Judiciary, the Malawi Supreme Court of Appeal is designed to have 13 judges while the High Court of Malawi is designed to have 45 judges, but currently has 35.
