Suzy Kassem in “Rise and Salute the Sun” said: “When people can get away with crimes just because they are wealthy or have the right connections, the scales are tipped against fairness and equality. The weight of corruption then becomes so heavy that it creates a dent that forces the world to become slanted, so much so that justice just slips off.”
Suzy Kassem
As all Malawians that have been following political events in the country sit on the edge of their seats waiting to hear the landmark judgment in the famous (and now also infamous) Elections case that has gripped the nation’s interest since June 2019, one cannot help but note the governance issues that have come to the fore and their possible ramifications.
One thing that the elections case and its peripheral matters has demonstrated beyond any reasonable doubt is that governance problems are rampant and deep-seated across the board and that even the Malawian Judiciary is itself certainly not immune to them. What makes the issue more serious and desperately alarming is that unlike most institutions, the Judiciary is a public symbol of high ideals in society. Integrity, impartiality, independence, accountability and professionalism are supposed to be the cornerstone of the judicial system in any democratic society. Without these attributes, society loses trust in the judiciary as its torch bearer of law and justice. This inadvertently leads to loss of credibility, acceptance and respect for any judicial pronouncements. In a word, it fair to state that without justice, there is no reason to respect society and the duties and responsibilities that it demands of its constituents.
Where there are accusations and even mere appearances of outrageous conduct that violate these principles, the judiciary cannot and should not be allowed to escape public scrutiny and accountability. Thus, the recent allegations of attempted bribery of the judges in the Elections case and subsequent arrest of one of the most successful businessmen in the country in connection to the said allegations call for such scrutiny. In the face of a case of such significant national importance and as we stand on the eve of the delivery of the judgment, these allegations have served only to sow seeds of doubt in the minds of many. The said allegations and subsequent arrest allude to the notion that others with deeper pockets possibly believe that our justice system is for sale, and can be tampered and corrupted for a price! The question in the minds of many Malawians is therefore whether what has been exposed in the public media and what has come into the public domain is all the information regarding this bribery matter, or whether that is just the tip of the iceberg. Is it not possible that indeed some bribes were paid and received but were kept secret? Can the judgement that will be delivered by the court be trusted as reliable when there is such a dark cloud of doubt hanging over it caused by allegations of bribery in high places?
More shocking have been the subsequent events that led to what has been termed in many circles as the ‘midnight release’ of the bribery suspect. Bail for this particular suspect was apparently granted and the warrant of arrest was unilaterally quashed by the Court in the wee hours of the night in a different city from that from which it was issued and before a different court from that which granted the warrant. These undoubtedly highlight serious governance deficiencies at the heart of even our judicial system which have come to the fore and received so much publicity now only because of the nature of the case and the individuals involved. The possible act of judge shopping and reprehensible conduct by judicial officers is hardly new. The Malawian litigating citizenly have been lamenting about it for years. Its effects however, are more visible now when one looks at them in light of the Elections case.
As we await the Judgment in the Elections case slated for tomorrow with bated breadth, I have no choice but to question and wonder, yes, even fear that the allegations of bribery, the conduct by the suspect and of some judicial officers have marred the image of our judiciary and therefore of this important case altogether. Irrespective of the direction that the judgment takes, the violations of good governance practices that we have seen have already polluted the credibility of that judgment and the public will be justified to receive the said judgment with anger, mistrust and skepticism. Considering the possible implications of the judgment (and for the sake of future judgments), one cannot emphasize enough the need for the judiciary to clean up its house and its public image. In the conduct of this case and especially in the peripheral matters surrounding it, the image of the judiciary has been smeared and the integrity of judges in general compromised by the conduct of some of the judicial officers involved.
It is important to note that when an opportunity presented itself in the form of the Midnight Release case coming before the High Court, the court in the exercise of its discretionary supervisory powers to monitor the manner in which justice was administered by the lower Court in issuing bail and quashing the warrant of arrest, decided to immediately take issue with the impunity and restored the arrest warrant. In the same vein the Anti-Corruption Bureau (ACB) also had an opportunity as a key player in the justice system to ensure that the allegations of bribery are fully investigated and the culprits are brought to account. So far, the conduct of the ACB gives us some basis upon which to nurture the hope that not all is lost. Those working in these important public functions always need to bear in mind that as key players in our Justice System, they have a responsibility to be beyond reproach and that when an opportunity to assuage any doubts about the integrity and governance of our judicial system presents itself, they must welcome it with open arms and enthusiasm. In this regard, it gives me great joy to note that in the present issue, the allegations of bribery were reported by none other than the Chief justice himself.
In spite of of the
outrageous conduct that we have seen displayed by some of the judicial officers,
I wish to urge you, my fellow Malawians, that since this is our country and the
only judiciary we have, we should give it the benefit of the doubt. Let us
still trust the ruling that they will make tomorrow and receive it as being
made in good faith. We cannot afford to have total disregard or disdain for our
judiciary. We cannot afford to have a society without justice.
