Sometimes our judicial system leaves a lot be desired. Many cases have stalled for an extended period of time. Unfortunately, there is no indication of any roadmap as to when such cases will be logically concluded.
Dr. Bakili Muluzi’s case is a good example. This is the case that keeps on resurfacing for over a decade now. And Government has spent more effort, resources and money on this case more than MK1.87 billion which Dr Bakili Muluzi is accused of swindling.
Recently, an application by Muluzi’s defence legal counsel to have the stalled case discontinued has been quashed by the court. This simply implies that Government will continue to spend more resources on the case. Much as fighting corruption is important, delaying justice in this case tantamounts to judicial torture.
Does it mean that, for over 10 years, the prosecutors have failed to bring any tangible evidence that would have implicated Bakili Muluzi of corruption? Then do we expect such evidence to be furnished now? Or we should wait for another 10 years?
It must be pointed out that the burden of proof lies on the one who claims that an offence was committed and not on the defendant.
As a custodian of justice, I would rather see Muluzi’s case be expeditiously concluded as we fight corruption in Malawi.
Another prominent case is that of the attempted murder convict, Hon. Ralph Kasambara, who was released on bail over four years ago. One wonders why it has taken such a long time for the case to be concluded.
Fast forward, currently, we have a backlog of cases where suspects were arrested, charged and later released on bail. It seems like once a suspect has been released on bail, then that is the end of it. To us, justice simply means an arrest, really. “Bola Anamangidwa basi”. Really?? Is that justice?
More examples of such cases are those pertaining to Paul Mphwiyo, Norman Chisale, Dalitso Kabambe, Sattar, Joseph Mwanaamveka, Newton Kambala, Enock Chihana, Kezzie Msukwa and list goes on.
The readership must have noticed that the aforementioned names belong to the elite community. What about the nonentities whose delayed cases remain unnoticed?
We therefore demand the Chief Justice , Rezine Mzikamanda and his team, to expedite all criminal cases with no discrimination against political affiliation, tribe, region, religion, gender and position in the society. Justice must not only be done but must be expeditiously seen to be done, for justice delayed is justice denied.
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