If my memory serves me right, many Malawians heaved a sigh of relief when the former Chief Justice Andrew Nyirenda was replaced by the current Chief Justice Rezine Mzikamanda.
During Nyirenda’s leadership, the courts were replete with judicial anomalies such as judicial tourism, a constitutional court acting ultra vires by overriding the decisions of the Supreme Court of Appeal, a conspiracy-to-murder convict being on bail indefinitely, delayed justice and unconstitutional 6 year tenure of office for members of parliament.
It is against this background that this write-up aims at finding out if Malawians are now getting fair justice under the tutelage of Chief Justice Rezine Mzikamanda by analysing his strengths and shortfalls.
Positives under Chief Justice Rezine Mzikamanda
For starters, judiciary is a very crucial arm of the government because it is even a final arbitrator to all the citizens including the Executive and the Legislative arms of government.
This is why the Judiciary must be very cautious to maintain its integrity and impartiality.
During Mzikamanda’s reign, we have seen some court verdicts that exude professionalism and integrity.
Some notable convictions under Mzikamanda’s leadership are former Minister of Homeland Security, Uladi Mussa and former Minister of Information, Henry Mussa.
In his presentation of the state to the nation address (sona), President Chakwera claimed that the Judiciary prosecuted 582 criminal cases and contested 1,320 civil cases in various courts saving more than one trillion kwacha in the process.
It has been learnt that the Judiciary also established a confiscation fund in which the confiscated proceeds of crime will be kept for transparency and accountability.
The Sona further claimed that the construction of the perimeter fence for Judiciary complex will commence next month.
Despite these successes, Chief Justice Rezine Mzikamanda’s mantleship comes with its shortfalls.
Shortfalls under Chief Justice Rezine Mzikamanda
Courts are promoting corruption
It is unfathomable that the courts can grant orders to corruption suspects such as Kezzie Msukwa and Zuneth Sattar associates from being interrogated and prosecuted by a duly instituted Anti-Corruption Bureau (ACB).
Why does the court choose to promote corruption instead of stamping it out?
Why are the judges with allegations of corrupt practices on their heads continue to preside over corruption cases?
Courts are promoting unfair recruitment process in the public sector
It is pathetic that the Judiciary is promoting unfair recruitment process in public sectors. How?
According to the Office of the Ombudsman, Mr. Henry Kachaje, the Chief Executive Officer of Malawi Energy Regulatory Authority (MERA) did not meet the minimum prerequisite qualification at the time of his recruitment.
Furthermore, Mr. Kachaje is possessing a master’s degree from a diploma mill.
Why does the court protect him by giving him an injunction restraining the Office of the Ombudsman from prosecuting him?
Rampant unequal access to justice
It appears that justice during Chakwera’s regime is for the elite only.
It is very pathetic that convicts who have no name in the society are being heavily punished for minor offences while the elite convicts who committed serious offences are just left scot free.
It is therefore difficult to come to terms with Bakili Muluzi’s presidential pardon which dropped down his MK1.87 million corruption charges. Doesn’t this pardon promote the cancerous corruption?
Justice delayed is justice denied
When Chief Justice Rezine Mzikamanda took over the reign of the Judiciary, he gave people a ray of hope and expectations when he issued a formal directive that all outstanding cases had to be cleared within 90 days. Surprisingly, Muluzi’s case which had dragged for over a decade was not concluded within the said stipulated period.
The courts violated constitutional independence of arms of government
Much as the three arms of government must not work in isolation, they shouldn’t also interfere in the running and decision-making process of one another.
Currently, in the national assembly, there are two leaders of opposition.
To make it worse, the leader of opposition in parliament, Kondwani Nankhumwa, recognised by the Speaker of National Assembly is sitting in the independent members benches.
One is tempted to ask, which main political party is Kondwani Nankhumwa leading in the August house?
The truth of the matter is that the judiciary must be blamed for granting an injunction to the leader of opposition who was not duly elected in accordance with parliamentary standing orders 35.
Kondwani Nankhumwa was handpicked by the Speaker Catherine Gotani Hara. His name was not submitted by the main opposition party but yet the court granted him an injunction restraining the main opposition party from removing him.
Judge shopping remains a thorn in the fresh in the Judiciary
Perhaps some of the insane verdicts come from the fact that complainants manipulate the judicial system such that they decide which judge should preside over their own cases.
Unfortunately, rampant corruption in the judiciary has accelerated incidents of judge shopping.
Selective justice
How many convicts have been given bail? Currently, we have Hon. Ralph Kasambara and Thom Mpinganjira who were convicted of conspiracy to attempted murder and of bribery respectively but they are both on bail for over 2 years now.
Unfortunately, there is no prospect of being tried and heard any sooner than later. Should justice be meted out only to the elite? For sure, justice delayed is justice denied.
Why does it take long to conclude cases for corruption suspects who support the current Tonse Alliance government such as Newton Kambala, Kezzie Msukwa, Enock Chihana and many others?
What is special with Chilima’s bribery case that we can see that it is being heard by court when other corruption cases have stalled?
The office of Ombudsman is being undermined by the courts
It is mindboggling to note that the Judiciary can fight with another legitimate institution, the office of Ombudsman, over supremacy.
One wonders why the court gagged the Office of Ombudsman by granting a injunction that restrained the latter from releasing an official report.
If there was any issue with the findings of the Office of Ombudsman, the report about the unprocedural recruitment of Henry Kachaje explicitly indicated that the aggrieved parties were free to seek legal relief.
In conclusion, we implore the Judiciary to serve the citizenry with dedication and integrity.
When all the other two arms of Government have disappointed Malawians, the only hope they have is to get fair justice from the courts.
It is therefore disheartening to know that the courts are directly involved in politics, corruption and selective justice.
We therefore request the Chief Justice Rezine Mzikamanda to address the aforementioned injustices with urgency.
