Civil society organisations under the banner National Advocacy Platform (NAP) have called on government to expedite the legislative process to ensure prompt enactment of the Judicial Service Administration bill which they will enhance judicial independence and improve access to justice.
The bill, together with a constitution amendment bill which seek to promote transparency and accountability as well as enhance judicial independence, was expected to be tabled in Parliament last year, but this did not happen.
Speaking at a presser in Lilongwe, chairperson of National Advocacy Platform Benedicto Kondowe said swift enactment of these bills is paramount to ensuring equitable access to justice for all citizens in the country.
According to Kondowe, it is in the interest of Malawians to have the proposed reforms in the bills enacted by the next sitting of parliament.
“We emphasize the critical role of cooperation by the Judiciary in facilitating the swift finalization of the Bills for tabling in the August House during the current sitting of Parliament, underscoring the judiciary’s commitment to accountability and the rule of law.
“We urge citizens to actively engage with the Bills, advocating for their passage as essential safeguards of democracy and good governance in Malawi,” said Kondowe.
According to Kondowe, expedited reform is not just a necessity but an urgent imperative for Malawi’s justice system to thrive.
“The current prevalence of delayed judgments and opacity in disciplinary processes not only exacerbates inequalities but also undermines citizens’ faith in the Judiciary. Without swift action, marginalized communities will continue to encounter insurmountable barriers to justice, perpetuating systemic injustices and eroding democratic principles,” he explained.
Concurring with Kondowe, Executive Director for Center for Human Rights and Rehabilitation (CHRR) Michael Kaiyatsa said the recent events in the country highlight the pressing need to address issues like delayed judgements and opaque disciplinary processes.
He added that the lack of robust complaint mechanisms and limited access to the Judicial Service Commission (JSC) have eroded public trust and immediate action is vital to restoring confidence in the Judiciary and upholding justice principles.
“The erosion of public trust due to delays and opaque processes threatens democracy. Without effective reforms, citizens’ confidence will continue to decline, undermining the rule of law. Urgent measures are required to streamline complaints, enhance transparency, and ensure ISC accessibility, reinforcing public trust and participation,” said Kaiyatsa.
The Judicial Service Administration Bill, among others, has provisions that would promote transparency and accountability in the appointment, execution of duties, transfer, discipline and removal of judicial officers and funding of the Judicial Service Commission without interfering with the constitutionally entrenched independence of the Judiciary.
