President Lazarus Chakwera has assented to the Courts Act (Amendment) Bill which raises the retirement age of judges from 65 to 70.
Chakwera has also assented to the Criminal Procedure and Evidence Code Act (Amendment) bill.
Confirming the development was
the State House Press Secretary Anthony Kasunda who said president Chakwera has assented to the two bills in the exercise of the powers conferred upon him by section 89 of the Constitution of Malawi.
“His Excellency Dr. Lazarus McCarthy Chakwera, President of the Republic of Malawi, in exercise of the powers conferred upon him by Section 89 of the Constitution of Malawi, has assented to the following Bills of Parliament duly passed and recently presented to him by the Legislature:
“1. Bill No. 32 of 2022: Courts (Amendment); 2. Bill No. 33 of 2022: Criminal Procedure and Evidence Code (Amendment),” said Kasunda in a press statement.
When presenting the Courts Act Amendment Bill in Parliament in August this year, Justice Minister Titus Mvalo argued that Judges have more experience and wisdom by the age of 65 hence should not be allowed to retire at such an age.
He said: “At the age of 65 years, most Judges are still very resourceful and their services are still needed at the bench, so why should the Judiciary lose quality judges at the age of 65 years and pay retirement costs for judges with extensive experience who can still do the job?”
The amended act also creates Financial Crimes Division in the High Court to handle corruption cases.
The act also enhances the penalty for persons who, whilst not being entitled to practice as a legal practitioner, perform acts reserved for licences legal practitioners.
On the other hand, the amended Criminal Procedure and Evidence Code Act is aimed at increasing the fines payable under sections 14 (3), 15 (1), 200, and 300 of the code.
The act also seeks to amend the Criminal Procedure and Evidence Code (Cap 8:01) to bring it in line with the Courts Act, which has since streamlined the structure of subordinate courts by phasing out courts of the magistrate of the fourth grade, among other things.
Apart from that, the act also seeks to amend the Code’s Second Schedule by revoking the offences triable by the now defunct magistrate of the fourth-grade courts.
“It seeks to give courts of the magistrate of the third-grade jurisdiction to hear matters relating to: (a) stealing from a person in a dwelling house in transit, etc (section 282 of the Penal Code); and (b) stealing by tenants or lodgers (section 289) of the Penal Code),” reads part of the bill.
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