Malawi Law Society (MLS) has asked government to formulate regulations for the recently passed judicial reforms laws with speed for the country to have cohesive judicial laws.
MLS vice-president Tusume Mwabungulu observed that even though the laws were passed and assented to by President Lazarus Chakwera, there was more work ahead to make the laws function better.
He was speaking in Lilongwe yesterday during a postmortem workshop for MLS, civil society organisations (CSOs), the church and media on Judicial Reform Bills initiative following the enactment of the Bills.
Mwabungulu said the society was hopeful that Minister of Justice Titus Mvalo would come up with the regulations with the support and collaboration of the stakeholders to have an “effective, truththful and complete piece of legislation”.
He said: “We do not have the regulations for the better carrying of the Judicial Reform Laws. What we have is half a loaf of bread.
“We now need the regulations to complete the reforms. These regulations relate to the appointment of judicial officers, discipline and removal of judicial officers.”
Parliament passed the three Judicial Reform Bills comprising the Judicial Service Administration Bill, 2024, the Constitution (Amendment) Bill, 2024 and the Courts (Amendment) Bill 2024 on December 20 2024.
However, on January 28 2025, Chakwera only assented to the Judicial Service Administration Bill and the Constitution (Amendment) Bill.
Mwabungulu said the country was still stuck in the same position as in 2000 when the then Judicature Administration Act provided that the Judicial Service Commission would make regulations for the Judiciary.
“This never happened; hence, the need for reform. The reforms have come, but the regulations are not yet in place. We do not want another 24 years as happened in the past with the Judicature Administration Act,” he said.
He further emphasised on the need for Parliament to pass the impeachment rules to make the whole scheme of judicial reform complete.
Mwabungulu described the creation of Judiciary’s Independent Complaints Commission (ICC), where citizens can lodge complaints against judicial officers, as one of the key highlights of the Judicial Reform laws.
Speaking on behalf of the CSOs, National Advocacy Plan national coordinator Baxton Nkhoma said they would continue providing advocacy work to ensure that relevant officers expedite the promulgation of the regulations.
The ICC was established under the Judicial Service Administration Act 2024 to receive and investigate complaints by the public or any authority against any person employed in the Judicial Service.
Section 29 of the Act, among others, gives powers to ICC to investigate and obtain any information it may require in the conduct of investigation and on any findings pursuant to an investigation shall make a recommendation to Parliament for the removal of a judge.
