Reflections on Malawi’s 62 Years of Independence: Rule of Law, Fight Against Corruption and Social Economic Challenges in Malawi

I. Introduction

1. 6 July occupies a solemn and luminous place in the history of Malawi. It is the day on which the Republic recalls its passage from the British colonial subjection to self-government; the day on which the promise of freedom and independence was proclaimed before the world. History records that Malawi became independent on 6 July 1964. On 6 July 2026, the nation marked 62 years of independence. Yet independence is not sustained by memory alone. It lives, or withers, in the daily fidelity of public power to law, accountability and the common good. For many years, 6 July has been marked by various celebratory activities, largely sponsored by Government. This year’s Independence Day was remarkably different. No pomp. No ceremony. For most Malawians, the day passed like any other day. There was nothing really to celebrate.
2. Malawi Law Society (“the Society”) mindful of its statutory mandate and its role in defending the rule of law and the administration of justice, therefore offers these reflections on Malawi’s constitutional journey after 62 years of independence.

II. Lack of Political Will to Implement Judicial Reforms

3. On 24 January 2025, the President of the Republic of Malawi assented to the Constitution (Amendment) Act, 2025 and Judicial Service Administration Act, 2025 (“JSA Act”) (collectively “Judicial Reform Acts”). The Judicial Reform Acts came into force on 1 February 2025. The Society acknowledges efforts by the Judiciary to implement the reforms within its mandate, including the appointment of the Judge Presidents, Judge-in-Charge for each Registry and the Chief Registrar.
4. In its 2025 general elections manifesto, the Democratic Progressive Party committed to implementing the judicial reform laws. Since the State President’s inauguration on 4 October 2025, the Society has engaged the Government to ensure that the Judicial Reform Acts are operationalised. In meetings with the Minister of Justice and Constitutional Affairs, Honourable Charles Mhango, the Government assured the Society of its commitment to do so. The Honourable Minister made similar public commitments, including an announcement to key stakeholders in the justice sector on 17 December 2025 at the Bingu International Convention Centre in Lilongwe during the launch of the Justice and Accountability Survey 2025.
5. The Malawi Law Society would like to commend the State President for constituting the Judicial Service Commission (“JSC”) by an announcement made on 6 May 2026. However, the Society has noted with concern that the members of the JSC have not been sworn in to commence their work; and no explanation has been provided for the delay. Given the Government’s express commitment to judicial reforms, this delay is troubling. The country cannot afford any further inaction. Without an operational JSC, no meaningful progress can be made in prescribing rules and a code of conduct for judicial officers and other personnel within the Judicial Service. The absence of the JSC undermines transparency, accountability and public confidence in justice delivery.
6. The Society therefore repeats its call for the Public Appointments Committee of the National Assembly to appoint the Independent Complaints Commissioner for the Independent Complaints Commission of the Judiciary (“ICCJ”) and urges the Government to support the full operationalisation of the ICCJ. The implementation of the Judicial Reform Acts will address systemic challenges, enhance accountability, provide avenues for public redress, and strengthen public confidence in the Judiciary.

III. Appointment of the Director of the Anti-Corruption Bureau

7. The position of the Director of the Anti-Corruption Bureau (“ACB”) became vacant following the expiry of Ms. Martha Chizuma’s term on 31 May 2024. The former President, His Excellency Dr. Lazarus McCarthy Chakwera, appointed the then Deputy Director, Mr. Hillary Chilomba as the Acting Director. Mr. Chilomba left office following the change of Government after the September 2025 General Elections. On 31 October 2025, the President appointed Mr. Gabriel Gift Chembezi as Acting Director under section 6B of the Corrupt Practices Act (“CPA”). Malawi has therefore been without a substantive ACB Director for a combined period of two (2) years and one (1) month.
8. On 15 and 16 April 2026 the selection panel empanelled by the Minister of Justice, under section 6A of the CPA, conducted interviews for the position of the Director. The panel selected and submitted a list of successful candidates, which the Society understands was forwarded to the President for appointment. More than two (2) months have since elapsed, yet there appears to be no urgency in filling this critical office. Sections 6B (7) and 6B (8) of the CPA that permit appointment of Acting Director were not meant to bypass the requirement for appointment of a Director of ACB following competitive selection process. As a country, we cannot credibly fight corruption through prolonged acting appointments.
9. The 2025 Corruption Perception Index (“CPI”) report, records Malawi’s score at 34 out of 100, unchanged from 2024 and indicating persistently high levels of perceived public sector corruption. Malawi has not improved its CPI score since 2022. The Society believes that a serious fight against corruption must begin with the merit-based appointment of a substantive ACB Director. Acting appointments must not become the norm in a country already suffering the corrosive effects of corruption.

IV. Constitutional Powers Exercise by the Director of Public Prosecutions and the Discontinuance of Cases by the Director of Public Prosecutions and the ACB

10. The Malawi Law Society welcomed the appointment of Mr. Fostino Yankho Maele as the Director of Public Prosecutions (“DPP”) on 27 October 2025, given his background and admirable record in criminal law practice. However, the Society is concerned by the recent discontinuance of criminal cases by the DPP. The Society understands the DPP’s constitutional powers, exercisable independently or under the general or special directions of the Attorney General. Nonetheless, the pattern of discontinued cases is troubling. Based on information available to the Society, many of the affected cases involve political figures aligned with the current government and/or former clients of Mr. Maele.
11. The concerns are not new. The Society raised similar issues when it joined proceedings, as friends of the court, in the High Court case registered as Judicial Review Cause Number 37 of 2025: The State (On the Application of Hendrix Laher and Luthando Holdings Limited) v the Director of Public Prosecutions. In that matter, the claimants sought judicial review of the DPP’s decisions to discontinue Criminal Case Number 868 of 2023 and to disregard the direction of the Legal Affairs Committee of the National Assembly (“LACNA”) to reinstate the criminal matter. Although that case concerned decisions by the previous DPP, Mr Masauko Chamkakala, the underlying challenges remain the same.
12. The Society recognises the constitutional accountability framework requiring the DPP to provide reasons to the LACNA within ten (10) days of discontinuing a criminal case. It also appreciates that in, appropriate cases, the DPP may properly discontinue a criminal case. However, the Society is concerned that this power is increasingly perceived as being exercised in favour of politically connected persons, while ordinary citizens continue to endure lengthy trials, including in matters that may lack merit. Equality before the law must apply to all persons without discrimination. In a country with a poor CPI score, the recent pattern of discontinuances is a matter of grave public concern.
13. The Society has also learnt, with grave concern, of the pending application by the ACB to withdraw criminal proceedings in Criminal Case Number 5 of 2025: The Republic v Lin Yunhua pending before the High Court (Financial Crimes Division) at the Lilongwe District Registry, at the direction of the DPP. The Society questions why a corruption-related case should be discontinued without the evidence being subjected to judicial scrutiny. The Society is further concerned that the accused person was previously a client of Mr. Maele before his appointment as DPP. This creates an apparent conflict of interest. The Society urges Mr. Maele to reconsider his position and to avoid any perception that prosecutorial power is being exercised for personal or improper purposes.
14. As a way forward, the Society proposes urgent amendments to sections 99(3) and 100(2)(a) of the Constitution to provide clear powers of the LACNA to make recommendations and issue directions to the DPP where it finds the reasons for discontinuance unreasonable. The law should also permit any person with sufficient interest to challenge a decision by the DPP not to comply with the direction of the LACNA to reinstate a discontinued criminal matter.

V. Malawi’s Social Economic Challenges

15. Section 30 of the Constitution of Malawi guarantees every person the right to economic, social, cultural and political development. It places a duty on the State to take all necessary measures for the realisation of the right to development. Such measures include, amongst other things, those that promote equality of opportunity in access to basic resources, education, health services, food, shelter, employment and infrastructure.
16. Despite this constitutional guarantee, the fulfilment of this constitutional right to development has regressed. Nepotism, aggrandisement, abuse of office, abuse and misuse of public resources, and corruption have weakened the public service. Public systems and infrastructure continue to deteriorate. It is therefore not surprising that, at a time when South African citizens are demanding the deportation of undocumented migrants, reports indicate that some Malawians continue to travel to the Republic of South Africa in search of economic opportunity. The Society further calls for a sober introspection on the situation and the continued migration, which are an inescapable indictment of the regrettable extent to which social and economic rights continue to be neglected.
17. The Society commends the Government’s and private citizens’ efforts to repatriate stranded citizens who are freeing from the hostile conditions in South Africa and wish to return home. However, the remarks made by the South Africa’s Minister in the Presidency on 2 July 2026, regarding Malawi’s response to the repatriation process are concerning. According to the Minister, Malawi’s response has been slow, largely due to inadequate financial and human resources. The Society calls upon Government to discharge its responsibility by exhausting all available means to expedite the repatriation of its stranded citizens, and to not resign itself to waiting for alms.
18. At home, Malawi faces a litany of social economic challenges requiring firm State action. The persistent shortage of foreign currency remains deeply concerning. While the Society acknowledges the measures taken to address acute foreign exchange shortages, authorities must take bolder steps to eliminate parallel foreign currency markets. Malawi has sound laws; the challenge lies in consistent and effective enforcement. These are man-made problems and must be addressed as such.
19. The Society commends the Malawi Police Service for arresting two Tanzanian nationals at Chiweta Roadblock in Rumphi District after they were allegedly found in possession of US$1.14 million (equivalent to more than K1.9 billion) without supporting documentation. The Society urges the Police and other law enforcement agencies to investigate the source of the funds thoroughly, arrest and prosecute all people connected to the offence, and ensure that the money is forfeited to the State where the law so permits. The Society further expects the DPP to take a particular interest in this matter and to ensure that all persons implicated are prosecuted without fear or favour.

VI. Conclusion

20. The above highlighted issues are just a tiny fraction of the litany of social economic challenges that this country has. Those entrusted with State authority must reflect soberly on these challenges and take genuine, practical and measurable steps to address them. Malawians are weary of campaign promises that are abandoned once power is attained. They deserve lawful, accountable and people-centred governance that delivers tangible improvements in their lives.
21. As Malawi reflects on 62 years of independence, the Society calls upon all institutions of the State to renew their fidelity to the Constitution, the rule of law and the public interest. Independence must be measured not only by the passage of time, but by the quality of governance, the integrity of public institutions, the seriousness with which corruption is confronted, and the extent to which citizens enjoy meaningful social and economic dignity. The Society urges the Government to act with urgency, transparency and resolve in implementing judicial reforms, strengthening anti-corruption institutions, safeguarding prosecutorial independence and addressing the social and economic hardships facing Malawians.
22. The promise of independence will remain incomplete unless public power is exercised lawfully, public resources are protected, and every citizen can live with dignity under a just and accountable constitutional order.

Issued this 9^th day of July 2026

Davis Mthakati Njobvu
CHAIRMAN

Francis Ekari M’mame
HONORARY SECRETARY