Your Lordship, the Chief Justice,
I assert that the Malawi Defence Force (MDF), much like the Judiciary, commands an overwhelming and inherent fear among the public, effectively silencing any attempt to expose the pervasive corruption within these institutions, as citizens are paralyzed by the ever-present threat of reprisal.
The MDF cloaks its pervasive corruption under the guise of “security reasons,” using this as a shield to escape scrutiny. Question their operations, and they claim it would jeopardize national security. Yet, remove this façade, and corruption lies exposed. Their helicopters are so dysfunctional that when disaster strikes, they shamelessly turn to neighboring Tanzania and Zambia for assistance. This negligence is the direct result of funds being embezzled by both military personnel and politicians who deem the procurement of helicopters unnecessary. The aircraft they operate today are relics left by the father and founder of our nation, Dr. Hastings Kamuzu Banda—planes that should long have been confined to museums for posterity, but are still used to transport our nation’s leaders. The tragic loss of our Vice President, Saulos Klaus Chilima, is a stark testament to this negligence, which can be traced to corruption by those entrusted with safeguarding the public interest.
However, this letter is not about the MDF—it concerns the Judiciary you oversee. Do you recall the Pastoral Letter of the Catholic Bishops of the Episcopal Conference of Malawi, released on the Second Sunday of Lent, 25th February, 2024, titled “The Sad Story of Malawi”? In this epistle, the Bishops, who speak for the voiceless Malawians, lamented the deteriorating state of the Judiciary. On page 6, the Catholic Bishops candidly addressed your judicially as follows:
“Even the Judiciary appears to have abandoned its integrity and has embroiled itself in corruption and partisanship. The price of judges and magistrates is no longer taboo; it’s an open secret that some lawyers thrive by bribing judges and magistrates to defeat the ends of justice. Some judges and magistrates are accountable to no one. They take years to hear a case, yet the Judiciary does nothing to discipline them. Instead, they are rewarded with promotion. We believe that the Ministry of Justice is frustrating efforts by the Malawi Law Society to put in place a law that regulates the judges. This law deserves our support because a solid legal system is the backbone of any country that wants to eliminate corruption.”
In your esteemed capacity, did you take any steps to investigate these grave allegations? Evidently not. The malfeasance within the Judiciary continues unabated, likely because you recognize that Malawians, gripped by fear, view judicial officers as untouchable demigods. Even if they dare to speak out, there is no assurance of corrective action, as it appears the Executive and Legislature are complicit in capturing the Judiciary—obstructing reform bills aimed at fostering judicial accountability, while approving salary hikes and duty-free privileges amid economic hardship. This is nothing short of appeasement, a calculated quid pro quo to safeguard their interests, knowing the Judiciary holds the power to torpedo elections. They lack the courage and moral fortitude to provide checks and balances, and in turn, Malawians suffer miscarriages of justice at the hands of compromised officers. My Lord, the Chief Justice, we, the citizens of Malawi, are undeserving of this dire predicament. I implore you to rescue us from this judicial ‘Bagamoyo,’ where we have been unjustly abandoned.
Speaking of courage and moral fortitude, we have witnessed the audacity of one lawyer, Alexious Kammangira, who, despite being dismissed by some as mentally unstable, has boldly called out allegedly corrupt judges. If you had initiated investigations of your own, public sentiment would likely have corroborated the Catholic Bishop’s and Kammangira’s allegations. Yet, the system is poised to silence him [Kammangira], ensuring that his revelations remain buried, despite reflecting the frustrations of the general public.
The rot within the Judiciary is undeniable. As highlighted by the Catholic Bishops, “Some judges and magistrates are accountable to no one,” and judges like Zione Ntaba epitomize this troubling reality. I dare challenge you, My Lord the Chief Justice, that a simple inquiry among stakeholders will uncover that her cases stay forever without judgement. Is this what justice looks like?
Your Lordship, the Judiciary under your stewardship is plagued by these vices. The absence of an effective mechanism for court stakeholders to provide feedback on the conduct of judicial officers has led to egregious miscarriages of justice. The Judiciary is rotting, and the stench is unbearable. How much longer will you turn a blind eye to the suffering of Malawians at the hands of these bad apples?
Chimangeni Chinkhondo,
Senior Citizen,
BALAKA.
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