The Malawi Judiciary oversees the laws of Malawi while ensuring equal justice under the law. The current legal system is based on English The Malawi Judiciary oversees the laws of Malawi while ensuring equal justice under the law. The current legal system is based on English law, which was established in 1969. However, the Malawi Judiciary has a fascinating history, and it has undergone significant changes over the years to establish this Constitution, where the judiciary is defined as a hierarchical system of courts that includes the Supreme Court of Appeal, the High Court, and magistrates’ courts.
Although the Malawi judicial system has many strengths, it can still be improved by drawing inspiration from other countries worldwide, such as the UK.
In this article, we will explore both the positive and negative aspects of Malawi’s legislation, as well as how it can be improved with examples from the UK law.
How can Malawi draw inspiration from the UK?
The UK is one of the most popular countries worldwide, so it needs to have a strong legal system in place. This is why many other nations can draw inspiration from it, including Malawi. One of the most important things Malawi should focus on, by taking the UK as an example, is to offer businesses a better regulatory landscape.
Then, the UK also prioritizes human rights and aims to provide people with the right conditions to live properly. The UK places a strong emphasis on access to justice, ensuring citizens receive a fair trial when dealing with problems. For example, UK citizens who have been injured because of another person’s negligence can file a personal injury claim with the help of legal specialists. They can file compensation claims if they have been hurt in a car accident, at work, or in a public space due to the negligence of another individual.
This shows that the UK offers legal ways in which citizens can claim and receive fair treatment for the distress and emotional hurdles they have gone through. And this is a fact that should be present everywhere around the world.
The UK has a strong legal system in place, which is why its practices can serve as an example in many countries worldwide. If Malawi follows its example, the judicial system in this environment could improve its legal framework and offer safe access to justice for all citizens.
What are the positive parts of the Malawi Judiciary?
Over the years, the Malawi judiciary has started to make the necessary changes to ensure it offers a great experience to the Malawi people. One notable example of this is Justice Anastasia Msosa. She is the former Chairperson of the Malawi Electoral Commission (MEC) and the first female Chief Justice of Malawi. She remained an example of strength and ambition in a world that men heavily dominate.
One of the most significant contributions she made to the Malawi judicial system was introducing a multiparty democratic political system. Msosa attended law school and received her bachelor’s degree in law, even though this industry is a male-dominated field. She became a State Legal Advocate in 1975, where she worked on various civil and criminal cases. Later, she became a judge and was the first female at the Supreme Court of Appeals and the High Court of Malawi. Then, she was also the first Chairperson of the Malawi Electoral Commission (MEC), which comprises officers and staff members who all have the mission to create fair elections and bring more democratic values to Malawi.
Anastasia Msosa has various merits in the political and legal landscape of Malawi’s justice system, which has given her a very fulfilling career. Thanks to her work, Malawi started to embrace multiparty democracy, where the people have power and can have a say in the voting system. Since 1994, Malawi has been a multiparty democracy.
The negative parts of the Malawi Judicial System
Corruption
Malawians have started to lose trust in their legal system because the judicial system prioritizes corrupt individuals. For example, there were many cases when they were given court orders to protect suspects. They received these court orders so that the Malawi Police Service (MPS) and Anti-Corruption Bureau (ACB) wouldn’t be able to investigate and prosecute them. Unfortunately, Malawians don’t have anything to benefit from such unjust acts, and they are seen as selfish and egocentric by the citizens of this country.
Inequality
Unfortunately, Malawi is also dealing with inequality, where there is a direct discrepancy between the poor and the wealthy. No poor convicts are known to be granted bail, but that doesn’t occur for affluent individuals. A clear example of this kind is the businessmen Thom Mpinganjira and Minister Ralph Kasambra, who were granted bail without scheduling any trial date. This marks an important gap between the elite and the poor, and it is paving the way to even more inequality.
Additionally, individuals receive different punishments for committing the same crimes. For example, James Miles and Lington Misomali received 9 years of imprisonment because they were caught with 11 bags of Chamba. However, Anderson Chikingu didn’t receive the same treatment, and he only needed to pay MK 200,000.00 for 16 bags of Chamba.
Inaccessible Court Justice
Malawi also deals with inaccessible court justice, as there are more people than licensed lawyers. This means that a large portion of the Malawian cases can’t be adequately represented in court. On top of this, many citizens can’t afford to hire a lawyer, and as a result, they need to represent themselves in court. Do they have any privileges in this situation? No, since they are unaware of the legal proceedings, they are unlikely to receive a fair trial.
The bottom line
All citizens worldwide, from every country in the world, have the right to live in a democratic state where their rights are respected. Unfortunately, despite this being the norm, several countries face significant inequality and other issues that impact citizens’ daily lives. Malawi is one of them. Malawi faces numerous challenges, including inefficiency, corruption, and inequality, which hinder its ability to provide proper justice for its citizens. This is why it is important to take action to improve, and it might be able to do so by following the UK’s legal regulations.