The country’s Judiciary complaints handling system has been described as corrupt, inaccessible and an ineffective design by court users, particularly litigants.
This is according to a report issued by the Malawi Law Society (MLS) following a survey conducted between May and June this year in Blantyre, Lilongwe and Mzuzu.
The society conducted an inquiry on court users’ assessment of how the weakness of the current Judiciary complaints system facilitates corruption within the courts.
MLS president Davis Njobvu said the inquiry targeted court users, specifically, people who had filed cases in court (litigants), witnesses, legal representatives (lawyers and police officers) and court staff.
He said the survey was significant as it revealed key challenges in the Judiciary’s complaints system.
Njobvu said the society intends to use the findings of the survey in its advocacy and awareness initiatives.
“They [findings] will also help the society to lobby authorities for the speedy operationalisation of the Independent Complaints Commission of the Judiciary [ICCJ], an independent body established under the Judicial Service Administration Act, 2025 responsible for receiving, investigating and processing complaints against judicial officers,” he said.
Njobvu explained that the findings would also help the society to engage the Minister of Justice to prioritise promulgation of the regulations under the Judicial Service Administration Act, 2025 and to lobby Parliament to adopt impeachment procedures to complete the framework for processing complaints against judicial officers.
The report, among others, also brings to light widespread concerns about trust and confidence, which are low among legal practitioners.
Litigants also reported overwhelming distrust in the system, often fearing intimidation, disregard, or even retaliation for attempting to report judicial misconduct.
“In contrast, court staff reportedly exhibited comparatively higher levels of trust in the system’s ability to act on legitimate complaints though confidence was often based on institutional familiarity rather than personal experience with complaint outcomes,” reads the report.
According to the report, a recurring concern across all groups was the perception that judicial officers “protect each other”, leading to an environment where complaints are discouraged, and accountability is rare.
Participants across all groups are also said to have expressed concern that weaknesses in the complaints system were enabling corruption within the Judiciary. While most litigants denied having directly experienced corruption, several shared personal observations of bribes being solicited by court officials.
Legal practitioners, in contrast, more frequently reported either encountering or suspecting corrupt practices within the court system.
“The lack of accountability mechanisms, widespread fear of retaliation, and an absence of meaningful consequences for judicial misconduct all contribute to an environment in which corruption can thrive,” reads the report.
The society has since suggested the need for institutional reform that increases public confidence through awareness campaigns, protection for complainants, independent oversight, and prompt resolution of cases.
Governance and human rights advocate Charles Kajoloweka, in an interview, said the findings were not surprising as they reflect the realities of the peoples’ experiences.
“However, it is important to use the survey findings for engagement in improving the complaints handling mechanism. It is also important that such evidence is disseminated among stakeholders because we need to find a solution to these accountability deficits in the justice system,” he said.
Attorney General (AG) Thabo Chakaka Nyirenda, SC, speaking in Blantyre during the start of the 2024-25 judicial calendar year, formerly called Sherry Party, asked the Judiciary to take heed of the growing concerns from citizens because the institution is entrusted with the responsibility of safeguarding their rights and liberties.
This came after Supreme Court of Appeal Judge Frank Kapanda, then board chairperson of the Magistrates and Judges Association of Malawi (Majam), conceded in December 2022 some judicial officers, notably judges and magistrates, were indulging in corrupt practices.
Judiciary chief corporate affairs and public relations officer Ruth Mputeni was yet to respond to our inquiry.
