By Burnett Munthali
In a bold move aimed at holding the executive branch accountable, the Malawi Law Society (MLS) has announced plans to stage demonstrations on September 12, 2024. The protests are in response to the government’s failure to table several critical judicial reform bills in Parliament. The demonstrations will take place at the Ministry of Justice headquarters in Lilongwe, where MLS members, along with other concerned citizens, will express their frustration with the government’s inaction on these reforms.
The MLS argues that these judicial reforms are crucial for ensuring an efficient, transparent, and accountable legal system in Malawi. By delaying the tabling of the bills, the executive arm of government has, according to the MLS, failed to live up to its responsibility of promoting the rule of law and good governance. The reforms in question are expected to address key issues such as access to justice, judicial independence, and operational efficiency within Malawi’s courts.
Although specific details of the bills have not been publicly disclosed in full, they are reported to focus on modernizing the judiciary, enhancing the capacity of judges and magistrates, and improving case management systems. The reforms aim to reduce case backlogs and ensure timely delivery of justice—issues that have long plagued Malawi’s legal system.
The MLS has stressed that without these reforms, the country’s judiciary will continue to face numerous challenges, including insufficient resources, outdated laws, and a lack of independence from political interference. These obstacles have, at times, undermined the judiciary’s ability to function effectively and independently.
MLS president, speaking to the media, emphasized the society’s responsibility to safeguard Malawi’s legal framework and ensure that the rule of law is upheld. “As the custodians of justice in this country, it is our duty to hold the executive accountable when it fails to prioritize reforms that are essential for the functioning of the judiciary,” the president said.
The MLS further stated that it had made several efforts to engage the executive arm of government in dialogue regarding these reforms, but to no avail. This lack of action has prompted the society to take to the streets, a move they hope will pressure the government into addressing their concerns.
So far, the executive arm of government has not issued an official response to the planned demonstrations. However, there are reports that some members of Parliament and civil society organizations have expressed support for the MLS, acknowledging the urgent need for judicial reforms. Others have cautioned that demonstrations may not be the best approach, suggesting further dialogue and engagement with the government as a more constructive way forward.
Public reaction has been mixed, with many supporting the MLS’s stance, while others fear that the protests may exacerbate tensions between the judiciary and the executive.
The planned demonstration on September 12 could mark a turning point in the relationship between Malawi’s legal fraternity and the executive branch of government. It highlights the broader issue of accountability in governance and raises important questions about the separation of powers and the role of the judiciary in maintaining democracy.
The MLS is urging all concerned Malawians to join them in Lilongwe to peacefully protest for reforms that they believe are vital to the country’s future. Whether the demonstrations will lead to the desired outcome— the tabling and passage of the judicial reform bills—remains to be seen, but one thing is clear: the MLS is determined to hold the executive accountable for its inaction.
This situation will continue to evolve, and the legal community and the public at large will be watching closely to see how the government responds in the lead-up to the demonstrations.
