The Malawi Law Society (“the Society”), in line with its mandate under section 64 of the Legal Education and Legal Practitioners Act, issues this public statement following the enactment of the Judicial Reform Acts and in relation to public expectations ahead of and after the September 2025 General Elections.
The Society has been actively involved in efforts to improve the justice system in Malawi, including advocacy that contributed to the enactment of the Constitution (Amendment) Act, 2025 and the Judicial Service Administration Act, 2025. The Society commends the President, the Speaker of Parliament, the Chief Justice, civil society, the media, faith communities and development partners for their roles in supporting these reforms.
The Judicial Reform Acts introduced key reforms including: expansion of the mandate and composition of the Judicial Service Commission (JSC); appointment and advancement within the Judicial Service based on merit; strengthened disciplinary procedures; establishment of the Independent Complaints Commission of the Judiciary (ICCJ); improved financial provisions for the Judiciary; and creation of the Judicial Administration Fund aimed at enhancing access to justice and improving justice delivery.
The Society notes with concern that despite the Judicial Reform Acts coming into force on 1 February 2025, meaningful implementation steps have not been taken. In particular, the JSC has not yet been appointed and there is no indication that the ICCJ is being operationalised. The Society warns that delays risk undermining the intended accountability reforms.
The Society further highlights findings from surveys and public inquiries which reveal significant weaknesses in the Judiciary’s complaints handling system, including low awareness, lack of trust, fear of retaliation, lack of transparency, delays in handling complaints, and concerns that these weaknesses may enable corruption.
As the country approaches the September 2025 General Elections, the Society observes with concern that political manifestos have largely failed to include commitments to implementing the Judicial Reform Acts. The Society reminds political leaders and the electorate that good governance and access to justice are essential foundations for economic growth and the protection of constitutional rights.
The Society has engaged political leaders and relevant public officials to seek clarity on steps being taken to implement the Judicial Reform Acts and stresses that operationalisation of the reforms cannot be delayed any longer.
The Society concludes that the enactment of the Judicial Reform Acts represents a significant milestone toward an accountable, transparent and efficient Judiciary. It calls upon all stakeholders to collaborate and ensure effective implementation so that the constitutional right of access to justice becomes a reality for all Malawians.
Issued this 19th day of August 2025.
Davis Mthakati Njobvu
CHAIRMAN
Francis Ekari M’mame
HONORARY SECRETARY