Shortage of Judges stands
Four new judges yesterday joined the High Court of Malawi bench, but the court still faces a 56.1 percent deficit, our analysis has shown.
President Lazarus Chakwera yesterday presided over the swearing-in of the four at Kamuzu Palace in Lilongwe.
The quartet brings to 47 the number of High Court judges against the establishment of 98, leaving a gap of 51.
The new judges are former Lilongwe chief resident magistrate (CRM) Madalitso Khoswe Chimwaza, former registrar of the High Court and Malawi Supreme Court of Appeal Kondwani Banda, Malawi Legal Aid Bureau director Trouble Kalua and Edna Bodole. Banda took over from Judge Agnes Patemba who was appointed two years ago, but is now serving at the Malawi High Commission in London, United Kingdom.
Retired Justice of Appeal Dunstain Mwaungulu yesterday expressed delight with the rise of Bodole whom he said started work as a secretary in the Judiciary, but went on to study law to become a judicial officer.
He said: “When your secretary [Bodole] is so inspired as to become a High Court judge, after reading in college judgements she received from you in dictation, typed and printed! That is the story of Justice Mrs Bodole.”
Chimwaza becomes another CRM from Lilongwe Magistrate’s Court to rise to High Court Judge after Justice Patrick Chirwa who was promoted in 2022.
Kalua previously served as deputy director at Legal Aid Bureau, but rose to the top after his boss, Masauko Chamkakala, was appointed Director of Public Prosecutions.
Speaking during the swearing- in, the President asked the judges to uphold values of integrity when executing their duties.
He said: “While talent, education, integrity, experience and passion are indispensable to good public service delivery, their impact is moderated by how well you are able to organise yourself to maximise the use of your time and resources.”
The President said disorganised people make less impact compared to those who are organised regardless of how much talent, education, experience, integrity and passion they have.
“So my first word of advice to you is to make it your goal to be systemically, clinically, conscientiously, and meticulously organised in your work, because that will make your talents, education, experience, integrity, and passion have maximum impact in the cause of delivering justice to Malawians,” said Chakwera.
On temperament, the President said it is not something people are taught in class , but it is a rather important quality to have in public office, because ithas to do with the proper regulation of your emotions and your reactions to emerging situations or to external provocations or to the unpleasant temperaments of others.
In 2022, Chakwera appointed seven more judges which brought the number to 43.
“The appointments are with effect from 28th February 2022 and put the current number of High Court judges at 43. This is against a total number of 78 High Court judges as per current establishment of the Judiciary which was approved in 2020. There is also one post for the Judge President of the High Court and 20 posts for judges-in-charge which are yet to be filled,” reads a communication on Judiciary’s website.
However, yesterday High Court and Supreme Court registrar Innocent Nebi said the establishment now has 98 positions for High Court judges.
The increase could be explained by the expansion of the horizon to have several divisions, including the Financial Crimes Division besides the Commercial Court and conventional High Court.
Minister of Justice Titus Mvalo, Chief Justice Rizine Mzikamanda, Secretary to the President and Cabinet Colleen Zamba and several top government officials witnessed the ceremony.
The four were appointed last month, but government kept this under wraps until the ceremony yesterday, a departure from the tradition where such appointments are communicated to the public through a press release from the Office of President and Cabinet.
