President Lazarus Chakwera has appointed three judges—Rachel Sikwese, Fiona Mwale and Texious Masoaoamphambe—as acting justices of the Supreme Court of Appeal.
Under Section 106 of the Republican Constitution, the President has power to make such appointments.
He said the appointments showed his commitment to justice and the rule of law.
Speaking at the swearing- in ceremony at Kamuzu Palace in Lilongwe on Tuesday, Chakwera said being a judge on the country’s highest court was a serious responsibility that required more than just good education and work experience.
“Choosing judges must be done carefully. The Supreme Court should be held to the highest standard,” he said
Chakwera said legal qualifications were important but not enough, adding that judges also needed three key traits: the right understanding of government, calmness and courage.
He shared his experience of hiring people in the public service, saying that even the most educated people can fail if they do not understand the real purpose of the government.
“It’s not just about having good qualifications. If your view of government is wrong, you could cause more harm than good,” Chakwera said.
Chakwera also repeated his belief in the “Super HI-5” values that, he said, guide his leadership. These are servant leadership, unity, shared prosperity, fighting corruption and following the rule of law.
He urged the new justices to follow these principles.
The President warned against the tendency of letting emotions or pride influence decisions.
Many professionals, he said, fail because of personal bias or being misled.
“If you let emotions or ego control you, you are not fit for public service,” he said. “Be careful and don’t believe everything you hear.”
Chakwera said the appointments were made after Chief Justice Rizine Mzikamanda asked for new justices to handle a sensitive case.
Some current justices had stepped aside to avoid conflict of interest.
Chakwera thanked those justices for their honesty and urged the new ones to maintain those high standards.
He also stressed that courage was a key quality for judges.
The Malawi leader said they may face threats, but that they must stand firm.
“You must do what is right, even if it puts you in danger,” he said.
Chakwera said he trusted the three new justices to do their jobs well.
Meanwhile, the Malawi Law Society (MLS) has welcomed the President’s appointment of three High Court judges as acting justices of the Supreme Court of Appeal, hoping the move would alleviate pressure and expedite progress on pending matters for which these judges have been appointed.
MLS President Davis Njobvu said it was the body’s hope that, at the same time, the Judicial Service Commission would also seek to address the problems which are in the High Court, as it seems undermanned.
“The judges are continuously overwhelmed by the number of cases, which has led to numerous undelivered judgements. As a way forward, therefore, we would lobby for the appointment of more High Court judges to address the problems at the High Court.
“We expect appointments of permanent justices of Appeal to the Supreme Court because there are a number of judges in the High Court who undeniably have the requisite qualifications, ability and proven track record to be able to serve as justices of appeal,” Njobvu said
He said this would remove the need to resort to the appointment of acting justices of appeal.
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