Supreme Court Judge Dunstain Mwaungulu has ignited a discussion on the need for remedies in situations where judges cause injustice through a wrong decision.
Mwaungulu who likes to post his legal opinions on Facebook this morning posed a question to his followers.
He asked: “Who judges the judges? The answers to the first question are wonderful and intriguing. I just want to add a dimensional question. If the judges wrongly decide causing unnecessary injustice, who will bring justice to the parties?”
In Malawi, when the Supreme Court of Appeal delivers its ruling on a case, there is no other place where a party not satisfied with the judgment can lodge a further appeal. Sometimes, the Supreme Court’s ruling becomes law.
Responding to Mwaungulu’s question, some commenters suggested that the law itself can bring judge Judges because no one is above the law while other suggested that Parliament could check on the Judiciary.
Facebook user Evans Mwale said: “How I wish we had a Senior Counsels Council or body of that sort, composed of retired Judges and Legal Practitioners, to sober and discipline Judges and Judgments and the Judicial Commission for the best interest of patriotism and Nationalism.”
Jimmy Manusha said: “And the most painful thing is that the injustice becomes a law. I think judicial commission was supposed to be checking some of these judgments and make a reversal decision if the judge has used injustice in his/her ruling.”
Mwaungulu’s Facebook posts have landed him in trouble before as one Judge accused him of commenting on active cases.
Judge Mike Tembo in a ruling described Mwaungulu’s behavior as “objectionable and unbecoming to the proper discharge of the duties of the Justice of Appeal.