Judiciary in crisis: MHRC hears several cases of corruption and delayed justice leaving Malawians in agony

Malawians are being failed by a judiciary riddled with allegations of corruption, inefficiency, and persistent delays in delivering justice. The Malawi Human Rights Commission (MHRC) has revealed a disturbing pattern of complaints from citizens who have suffered at the hands of a legal system they feel is no longer fit for purpose.

Malawi lawyers march in favour of judiciary independence

The MHRC’s recent judicial accountability probe uncovered a grim reality: cases dragging on for years, delayed judgments, and allegations of unfair rulings. From October 30 to November 30 alone, the commission received 28 submissions highlighting these issues, with the majority focusing on the judiciary’s failure to conclude cases in a timely manner.

Justice Delayed, Justice Denied
For years, Malawians have cried foul over prolonged delays in court processes, which leave them languishing in uncertainty and often financial ruin. Legal battles that should take months frequently stretch into years, with no explanation or resolution.

“Most of the submissions are on delayed hearing of cases as well as delayed judgments,” admitted Peter Chisi, MHRC’s director of civil and political rights. Some complaints even alleged biased and unfair judgments, further fueling mistrust in the system.

These delays are not mere inconveniences—they represent lives stalled, livelihoods destroyed, and rights trampled. Victims of unresolved cases often endure years of financial and emotional strain while perpetrators of crimes walk free due to systemic inefficiency.

Corruption Allegations: A Judiciary on Trial
Allegations of entrenched corruption within the judiciary have further eroded public trust. Lawyer Alexious Kamangila recently accused judges, lawyers, and judicial officers of corrupt practices, claiming that institutionalized corruption discourages victims from speaking out for fear of reprisal or futility.

“Corruption in the judiciary undermines the entire justice system,” said Kamangila. “The lack of accountability perpetuates a culture of impunity, where justice is not served but auctioned to the highest bidder.”

Although MHRC declined to investigate corruption allegations directly, the judiciary’s tarnished reputation has raised questions about its ability to operate with integrity.

Calls for Urgent Action
Governance analyst Wonderful Mkhutche has urged the MHRC and judiciary to tackle these issues head-on. “For years, the challenge of delayed cases has not been adequately attended to,” he said. “This is an opportunity for a serious conversation about reforms to ensure justice is accessible and timely.”

However, the judiciary appears reluctant to confront its shortcomings. High Court registrar Innocent Nebi has insisted that the judiciary remains “open to robust and open interaction,” but concrete reforms remain elusive.

Broken Promises of Reform
Despite constitutional provisions mandating accountability, little has been done to address the glaring dysfunction within Malawi’s courts. Sections 129 and 130 of the Constitution empower the MHRC to investigate violations of constitutional rights, yet many Malawians feel abandoned.

Even as the MHRC prepares a comprehensive report on judicial accountability, due early next year, skepticism abounds. Previous attempts at reform have yielded little progress, leaving the judiciary’s credibility in tatters.

A System on the Brink
The judiciary’s failure to uphold its mandate not only violates the rights of individuals but also threatens Malawi’s broader democratic fabric. Corruption and inefficiency in the justice system embolden lawbreakers, undermine governance, and leave ordinary citizens feeling powerless.

For a country where justice is already a luxury for many, the current crisis is a damning indictment of those entrusted with the nation’s legal system. Without urgent action to root out corruption, streamline processes, and restore public trust, Malawi’s judiciary risks becoming a symbol of oppression rather than a beacon of hope.

Malawians are demanding answers—and they deserve them now.

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