The concept of a just, fair and impartial justice system is that everyone must be treated equally before the law.
Our confidence in our justice system solely rests on such a concept so much that when contrary happenings takes root, we all become worried—and such a worry is a dangerous.
It is dangerous because it pushes people to lose faith in the country’s justice, in the process, calamitous things such as mob justice takes over.
We don’t want mob justice in this country but, somehow, when Malawians are, with each passing day, exposed to contradicting decisions from our justice system, we all begin to get worried.
However, we want to view them, former State House head of security Norman Chisale and Senior Chief Mthwalo from Mzimba are both Malawians who, if accused of any allegedly committed crime, they must be treated equally.
That, unfortunately, is not what we have been fed by our Judiciary in the year 2020.
Chisale allegedly shot a woman in Blantyre. Interestingly, Chisale managed to convince the victim to withdraw the case—which the woman actually did.
Surprisingly, the State resurrected the matter and dragged Chisale back to court citing judiciary merits of the case as criminal offence to shot someone.
Few months later, Mthwalo assaulted a policeman on duty. The chief was taken to court and pleaded not guilty. The assaulted police officer, interestingly, withdrew the case.
This was after a high powered Umtheto delegation managed to persuade and convince him to withdraw the case which the chief had pleaded not guilty in the court. The court, as resultant, set the chief free upon withdrawal of the case by the complainant.
From the same judiciary, we are visibly two forms of justice systems here: One for Chisale and the other for Mthwalo.
As a lay person, should I get worried that our judiciary system slowly sliding back to selective justice?
Can someone professional in legal issues help to define the two cases for people to understand core difference if any?
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