The Malawi Law Society (MLS) has warned that unless allegations of corruption against the Judiciary and lawyers are addressed, Malawi risks a situation where the public loses trust in the legal profession, potentially exacerbating instability ahead of the September 16 elections.
MLS president Patrick Mpaka acknowledged that corruption allegations have tarnished the country’s legal profession and stressed that efforts to restore its integrity must be sincere.
He made these comments in Mangochi on Friday at the opening of the society’s Annual General Meeting and Conference, where MLS was also set to usher in new leaders.
“If the public repeatedly hears allegations of corruption in the justice system, it signals a breakdown in the entire country, as it undermines the predictability of the law.
“The mere existence of corruption allegations is concerning and must be addressed. With the general elections approaching, the atmosphere is already becoming increasingly tense,” Mpaka said.
He added that it is crucial to uphold the integrity of the justice system during this period, especially regarding any cases that may arise before, during or after the elections.
Mpaka indicated that the conference served as a reminder to lawyers and judges of their responsibilities in managing the electoral process.
The outgoing MLS president added that the September elections are particularly significant because “they are likely to be highly contentious.”
“For the country to remain within the bounds set by the law, it is essential that the Judiciary acts in accordance with the Constitution,” Mpaka said.
Commenting on remarks made earlier by the Economics Association of Malawi (Ecama) president, Bertha Bangara Chikadza, who also highlighted the negative impacts of corruption in judicial processes, Mpaka said what the economy needs is certainty and consistency in judicial decisions.
He said that consistency and certainty cannot exist if those making the decisions are unprofessional or corrupt.
“That is the danger of corruption—you cannot predict what factors influenced a particular decision or the absence of one. Delays themselves can be a form of decision-making, as they only prolong cases,” Mpaka said.
In her address, Bangara Chikadza, who was the guest of honour at the conference, said delayed justice negatively affects the perception of potential investors.
She also said that investors may be reluctant to bring their projects to Malawi if they learn that cases take too long to resolve or that justice is influenced by corruption.
“If there is delayed justice, an investor might think: ‘This is not a good environment for me to invest in. It is a hostile environment. Let me take my investments elsewhere.’
“As a result, the economy loses out on investments that could have been made, simply because the legal system is not upholding its integrity,” she said.
The Ecama president further warned that where the legal system is dysfunctional, everything else falls apart.
In a separate interview, Attorney General Thabo Chakaka Nyirenda acknowledged that a lack of integrity among judges and lawyers causes the public to lose trust in the legal profession.
He added that when judges lack professionalism, it erodes public trust and confidence in the Judiciary.
“When people lose trust in the legal profession or the Judiciary, they often resort to their own rules, which can lead to chaos—where mob justice may emerge.
“Of course, when I talk about professionalism and ethics, it’s not just about delivering judgments but also ensuring that they are delivered promptly,” the AG said.
Allegations of corruption involving certain lawyers and judges have prompted calls for investigations into the claims.
MLS and Parliament, among other entities, have been advocating for thorough inquiries to address these allegations and ensure accountability within the legal profession and Judiciary.
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