PUBLIC STATEMENT

STATE OF THE NATION ADDRESS AND THE EXPECTATIONS OF THE PUBLIC ON THE FIRST BUDGET OF THE 2025–2030 GOVERNMENT

I. Introduction

1. On 24 January 2025, the President of the Republic of Malawi assented to the Constitution (Amendment) Act, 2025 and Judicial Service Administration Act, 2025 (“Judicial Reform Acts”). In its public statement dated 29 October 2025, the Malawi Law Society (“MLS”) highlighted expectations of the MLS and the public following the September 2025 General Elections. These included respect for the rule of law, anti-corruption efforts, adequate funding for institutions, operationalisation of the Judicial Reform Acts, reform of the mining sector, realisation of the right to development, and merit-based public appointments.

2. On 13 February 2026, His Excellency the President of the Republic of Malawi delivered the State of the Nation Address (“SONA”) during the opening of the 2nd Meeting of the 52nd Session of Parliament and the 2026/2027 Budget Meeting. The Minister of Finance, Economic Planning and Decentralisation is expected to present the 2026/2027 National Budget on 27 February 2026. In line with its mandate under section 64(d) of the Legal Education and Legal Practitioners Act, 2017, the MLS issues this statement to express its views on the SONA and expectations regarding the Budget Statement.

II. The State of the Nation Address and Operationalisation of the Judicial Reform Acts

3. The MLS commends the President for addressing critical national issues in the SONA. However, the MLS notes with concern that the address did not mention the operationalisation of the Judicial Reform Acts or the rule of law. The MLS believes this was a missed opportunity to demonstrate Government’s commitment to accountability, transparency, and efficiency in justice delivery.

4. The MLS acknowledges commitments contained in the governing party manifesto to implement judicial reforms. Since the inauguration of the President on 4 October 2025, the MLS has engaged the Minister of Justice and Constitutional Affairs, including meetings held on 21 November 2025 and 30 January 2026. The MLS commends the assurances given by Government regarding implementation of the reforms and recognises the Minister’s public commitments made at the launch of the Justice and Accountability Survey 2025.

5. The Judicial Reform Acts introduced significant reforms including expansion of the mandate and composition of the Judicial Service Commission (JSC), merit-based appointments, disciplinary procedures, establishment of the Independent Complaints Commission of the Judiciary (ICCJ), judicial funding mechanisms, and powers to prescribe rules and codes of conduct.

6. The MLS remains concerned that although the Acts came into force on 1 February 2025, no meaningful implementation steps have been taken. The failure to appoint the JSC remains a major concern, as its absence delays implementation of accountability measures. The MLS submitted nominations for appointment to the JSC on 15 September 2025 and resubmitted them on 4 February 2026, and urges prioritisation of the matter.

7. The MLS calls upon the Public Appointments Committee of Parliament to appoint the Independent Complaints Commissioner for the ICCJ and urges Government support for operationalisation of the ICCJ to strengthen accountability and public confidence in the Judiciary.

8. Although the MLS has no legal mandate to draft regulations or codes of conduct, it proactively developed draft instruments and submitted them to the Chief Justice on 27 January 2026 and the Minister of Justice on 30 January 2026. The MLS welcomes positive feedback and intends to submit the drafts to the Legal Affairs Committee of the National Assembly.

III. The 2026/2027 Budget Statement and a Call to Action

9. The Minister of Finance, Economic Planning and Decentralisation is a key stakeholder in operationalising the Judicial Reform Acts. The MLS expects that the 2026/2027 budget estimates will include provisions for development of regulations, codes of conduct, operational procedures, funding for the ICCJ, and other processes necessary for implementation of the Acts.

10. The MLS also calls upon Members of Parliament to exercise diligence in scrutinising the budget. Should Government fail to allocate resources for operationalisation of the Judicial Reform Acts, Members of Parliament are encouraged to propose amendments to ensure such provisions are included.

IV. Conclusion

11. The MLS notes that concerns about the justice system are supported by survey findings, including the Justice and Accountability Survey 2025, which reported that 75 percent of respondents perceived the formal justice system as prone to corruption and 30.8 percent expressed dissatisfaction. The MLS believes operationalisation of the Judicial Reform Acts is essential to improving access to justice, accountability, and public confidence. The Society hopes Government will make appropriate budgetary provisions for implementation.

Issued this 26th day of February 2026

Davis Mthakati Njobvu
CHAIRMAN

Francis Ekari M’mame
HONORARY SECRETARY