The Women Lawyers Association has condemned increasing corruption within the judiciary, urging swift reforms to restore the integrity of the legal system.
WLA issued a press statement dated October 15, 2024, expressing deep concern over what it terms as; persistent corruption allegations within the judiciary as highlighted by Alexious Kamangila‘s recent post on social media which in turn attracted wider public condemnation
“Women Lawyers Association joins the call for action to free the Judiciary from corruption and demand gender-responsive to eradicate corruption,” reads part of the letter.
In the press statement, WLA feels that women who are mostly vulnerable situations are often affected by alleged corruption in the judiciary, observing that women mostly turn to courts seeking justice and protection in matters of domestic violence, child custody, inheritance, sexual abuse and many more.
“When corruption infiltrates the judiciary, it skews the scale of justice to favour those with the power, wealth or influence, thereby leaving women inappropriately disadvantaged,” leads the October 15 press statement.
The women’s lawyers observed that this undermines women’s rights to equality before the law as guaranteed under Section 20 of the Constitution of the Republic of Malawi, adding that it is also an infringement of the constitutional right of access to justice and effective remedy before a court of law as provided under Section 4.
“Furthermore, it emboldens perpetrators of violence against women and girls as it enables them to escape accountability, thus corruption hinders progress towards gender equality and is a barrier to women to realise and enforce their rights,” according to WLA.
The women lawyers unanimously call for immediate enactment of the Judicial Reform Bill and further ask for the executive and legislature to urgently enact the Judicial Reform Bill with supporting regulations and rules.
WLA added that these should be gender responsive and should also be supported by gender-responsive whistle-blowers protective regimes.
The women’s lawyers also call for immediate disciplinary and accountability, saying the Judicial Service Commission must fulfil its mandate under Section 118 of the Constitution of the Republic of Malawi by exercising disciplinary powers over judicial officers suspected of corruption.
In the press statement, the WLA also demands a mainstreaming of a gender-responsive approach in anti-corruption efforts, saying all corruption initiatives must take into account unique ways in which corruption negatively impacts women and children.
The WLS, therefore, proposes integrating training programmes on gender justice, engendered forms of corruption that include sextortion and how to address particular vulnerabilities that women face in the judicial system.
Women Lawyers Association observed that ignoring the Enactment of Judicial Reform Bill, immediate Disciplinary Action and Accountability and Mainstreaming Gender Responsive Approaches in anti-corruption efforts would perpetuate gross injustice.
