Malawi Law Society (MLS) has written the Office of the President and Cabinet (OPC) demanding immediate release of the Judiciary Reforms Bills to ensure they are tabled and passed in Parliament.
In a letter dated November 12 2024 co-signed by MLS president Patrick Mpaka and honorary secretary Gabriel Chembezi, the society wonders why the full Cabinet is yet to approve the Bills after a Cabinet Committee on Legal Affairs did that on September 12 this year.
MLS said it believes that the long-term solution to some of the challenges facing the administration of justice by the Judiciary is the enactment of the Judiciary Reforms Bills that have stalled for over a year now.
Reads the letter in part: “As you should no doubt be aware, on 31st October 2024, the Judicial Service Commission [JCS] announced the commencement of an investigation into allegations of misbehaviour involving some members at the Judiciary.
“The State is obliged to promote the welfare and development of the people of Malawi by adopting policies and legislation aimed at achieving law and order as well as the humane application and enforcement of the law by all arms of government, including by the Judiciary.”
In the letter, MLS has reminded Secretary to the President and Cabinet (SPC) Colleen Zamba that the Bills have been a subject of intense discussion and support from several sections of society, which includes the Judiciary.
Parliament is set to start its Mid-Year Budget Review Meeting on November 25 and MLS has called on the OPC to release the Bills for the Ministry of Justice to process and forward to the Clerk of Parliament for publication in the Malawi Government Gazette Supplement and for circulation to legislators.
Further reads the letter: “Given the importance of the Bills and considering that they concern an entire branch of government and its regulatory body, it is our submission that parliamentarians and the public should be given adequate time to reflect and consult on the Bills.”
In an interview yesterday, Mpaka said they wrote the letter after noting that Parliament will start meeting at the end of November.
“It is important that those Bills be made public so that people and other stakeholders can comment and tell their MPs what key issues they need addressed in the administration of justice,” he said.
Zamba and Minister of Justice Titus Mvalo did not pick up their phones on several attempts while OPC spokesperson Robert Kalindiza said he needed time to check.
Meanwhile, Youth and Society executive director Charles Kajoloweka said it was critical that the Bills are expeditiously approved in readiness for the coming sitting of Parliament.
He said: “The Bills are long overdue and any further delays will undermine the spirit of the Bills, enhancing citizens’ access to Justice, better administration of the judiciary, and judicial accountability.”
Kajoloweka said in a country where delayed judgements, opaque disciplinary processes and limited access to the JSC have eroded public trust, it is paramount to push forward these Bills.
The draft Bills are the Judicial Service Administration Bill, Constitution (Amendment) Bill and the Courts (Amendment) Bill.
MLS has been pursuing efforts to contribute to reforms in the operations of the Judicial Service Commission to enhance judicial accountability and independence with a view to promoting transparency and efficiency in the administration of justice.
