There is this tendency in Malawi of some people wanting to place the Judiciary on a pedestal sort of for all of us to worship.
They want us to hold judges as some sacred beings to be treated with almost breathless respect.
You are not allowed to criticize them or to disagree with their determinations.
When they make a judgment you totally disagree with, you should just suffer in silence.
This is the creation of Judicial Autocracy and Malawians should not allow it — at any cost.
There are three arms of government: The Executive, the Legislature and the Judiciary.
Of the three, the Executive and the Legislature are attacked every day by everyone including quacks in law and drunks in civil society.
Of the three, it is the Judiciary that seems to have obtained the rights from wherever to demonize and lord over the other two at will. It rarely takes criticism kindly.
Of the three arms, it is the Judiciary that has exercised little restraint in ensuring the Constitutional independence of the other two.
No one is allowed to hold an opinion that is different from what judges think.
Or you are accused of interfering with or disrespecting the Judiciary and conspiring to defeat the ends of democracy and justice.
Nothing can be more nonsensical!
The Judiciary is by no means naturally free from any criticism or different opinion. It, too, runs on taxpayers money and it is in the firing line by anyone.
There is nothing special about Judiciary, just as there is nothing special about the Executive and Legislature.
After all, have we not seen credible reports of corruption among judges?
Have we not seen clear bias in some of their judgments?
Do we not have relations who are in jail today because of wrong sentences by some judges and magistrates?
Do we not have families that are languishing in poverty today because some judge is sitting on a judgment on their case?
Did the Anti Corruption Bureay (ACB) director Reyneck Matemba, a lawyer himself, not speak for many Malawians when he described the Judiciary as “disgusting and rotten”?
This habit of elevating the Judiciary as some immortal unit living in space should end. Malawians must end it. Malawians must stop Judicial Autocracy in this country.
The same principles of transparency and accountability that are applied on the Executive and Legislature should also be applied on the Judiciary.
And that comes in various forms including disagreeing openly and fearlessly with their judgments.
Among the Executive, the Legislature and the Judiciary, none of them is a god.
In democracy, each one of them is available for criticism by anyone.Follow and Subscribe Nyasa TV :