A legal pundit has echoed President Dr Lazarus Chakwera who on Monday called on the Judiciary to be sober and be transparent and accountable to Parliament.
This comes on the backdrop of Members of Parliament summoning a Judge and the Judicial Service Commission after a public outcry following the order of the High Court to sell a filling station in Lilongwe which some quarters of society said was dubious.
Dr Garton Kamchedzera
However, Attorney General and some legal minds said summoning the Judge and the Judicial Service Commission was tantamount to the Legislature interfering with the Judiciary.
But legal expert Professor Garton Kamchedzera said there was nothing wrong for Members of Parliament to deliberate on court judgments as the legislators are empowered to deliberate on matters of national interest that also involve the Judiciary.
Kamchedzera accused the Judicial Service Commission of being dysfunctional, leading to increased displeasure from citizenry on the operations of judiciary. Kamchedzera made the accusation after Members of Parliament expressed concern over the manner in which some of the court officers are discharging their duties.
Kamchedzera said the suspected anomaly needed to be detected by the Judicial Service Commission not Parliament, hence describing the commission as dysfunctional.
Chakwera said the country needs a sober Judiciary to help fight corruption which he described as the biggest enemy in Malawi. He said this on Monday when he presided over the opening of annual general meeting of African Bar Association.
“The Judiciary must become more transparent and accountable to the elected representatives of the people whose taxes fund it. Only that we can ensure that the bench is reserved for the virtuous Andy if you will allow the pun, ensure that the bar is reserved for the sober,” he said.
President Chakwera said this was important as the country is in the middle of addressing a huge corruption scandal within the security organs.
He said corruption has increased in the country because of failure to put in place in the past and one such measure which must be pursued is increasing the capacity of parliamentarians to keep the security organs in check.
Chakwera also said he would continue to appoint people in public offices on merit not based on age, gender, tribe, or social media popularity. He said his administration has implemented policies aimed at improving the Judicial system.
According to President Chakwera, Malawi is home to judicial excellence following correction of misrepresentation of the Constitution in 2020 by the Supreme Court.
“We will keep making governance reforms to ensure institutional corruption is never given a foothold,” Chakwera said.
He added that African political and economic transformation depends on judicial reforms which also facilitate free trade, fair labour laws and credible delivery of Justice among others.
