MLS wants law to regulate judicial officers
The Malawi Law Society (MLS) has called on the Legal Affairs Committee of Parliament to take steps to establish a Judicial Service Commission (JSC) Act to regulate judicial officers.
The Legal Affairs Committee of Parliament on Tuesday in Lilongwe engaged MLS on the functionality of the commission after Parliament passed a motion to look into a court case that raised more questions.
MLS president Patrick Mpaka told the committee that although the Malawi Constitution created JSC to regulate judicial officers, there is no supporting law to ensure regulation of judicial officers.
He said there is a need for a JSC Act that will help regulate judicial officers as is the case in other countries.
Said Mpaka: “After creating the JSC in Section 116 and identifying its broad powers in Section 118, the Constitution left it to an Act of Parliament to articulate the scope for the regulation of judicial officers.
“But 28 years down the line, there is no Act of Parliament that directly responds to the demands of Section 116 and 118 of the Constitution for an Act of Parliament for regulation of judicial officers.”
The MLS president has since called on the committee to engage the Malawi Law Commission, Ministry of Justice and MLS to ensure that the country has such a law.
Mpaka said such an Act would invariably regulate the composition and tenure of office in the JSC, the appointment of judicial officers, remuneration and disciplining of judicial of f icer s apar t from providing clear procedures for complaining, against judicial officers and the applicable due processes given the need to maintain an independent judiciary which remains regulated, funding the JSC, reporting, general administration and accountability of the JSC itself.
“That way, regulation of judicial officers and the functionality of the JSC becomes predictable, fair, transparent and accountable for all to see unlike the current state of affairs which we reckon might have led to Parliament acting on a motion which can possibly be challenged for possible excess of jurisdiction by the assembly,” said Mpaka.
In response, Legal Affairs Committee of Parliament chairperson Peter Dimba said they will handle the issue as a matter of urgency and push for the enactment of the JSC Act so that judicial officers are regulated and held accountable.
