Stakeholders trash ‘weak’ draft Bills
Stakeholders at a consultative meeting on Constitution (Amendment) Bill 2023 and Judicial Service Administration Bill 2023 (JSA Bill) in Blantyre on Monday tore apart the two proposed legislations, describing them as “weak” products.
The stakeholders, who included organisers of the public consultation, Malawi Law Society [MLS), were evidently dissatisfied with the draft Bills the Ministry of Justice intends to take to Parliament for approval early next year.
MLS organised the consultation, the first in a series, to solicit further input and support for the draft Bills before providing further feedback to the ministry early next month.
Among others, the stakeholders queried the issue of judicial accountability which they argued was unclear and the Judicial Service Commission composition which has been weakened as it lacks security of tenure and independence to manage the judicial system.
The Reverend Zacc Kawalala, chairperson of the Ethics, Peace and Justice Commission, a social governance arm of the Evangelical Association of Malawi (EAM), said: “The general perception is that the draft Bills have left out substantial issues which we would all have loved to see being part of the Bills to make them more comprehensive. We can’t be doing incomplete work.
“For instance, the public mostly look at our judges as people that cannot be touched or talked to because they are like a sacred grouping… Who polices the judges? Who holds the judges accountable? Who judges the judges? This is what we are talking about?”
On his part, Patrick Liyawo from the Catholic Commission for Justice and Peace (CCJP) observed that while the country’s Constitution promotes equality, the issue is different when it comes to the Judiciary.
“We need proper legislation that will regulate the Judiciary because the way things are do not add up… Malawians should not be looking at the judges as semi gods,” he said.
In his presentation, MLS vice-president Tusume Mwabungulu said the draft Bills, submitted to the ministry on August 4 2023, had a number of proposals some of which were considered while others were left out or had not been incorporated in the proposed manner.
He said MLS noted that the proposed new Section 115A in the draft Constitution (Amendment) Bill creates a Judicial Service as comprising both the holders of judicial office and such other administrative, technical and other support staff, as are necessary to facilitate the operations of the Judiciary.
However, Mwabungulu said the draft Judicial Service Bill limits the powers of the Judicial Service Commission regarding its composition, appointment and removal of judicial officers while focusing on and giving more detail to appointment and disciplining staff of the judiciary which is perceived as one of the challenges of judicial accountability.
He further observed that the draft Constitution Amendment Bill still limits the scope of the commission’s appointment and disciplinary powers over judicial officers by subjecting it to the constitutional provisions while leaving the critical issues at hand to subsidiary legislation.
On his part, MLS president Patrick Mpaka said in an interview he was delighted with the input and views from the key stakeholders expressed on the Bills.
“There has been an in depth examination of the bills and the gaps have been pointed out. Generally, there is a disappointment with the content of the bills and stakeholders believe there are a number of things that seem to be weak,” he said.
MLS is also expected to hold similar public consultations in Lilongwe and Mzuzu before taking the feedback back to the ministry by January 5 2024.
