The Malawi Law Society (“the Society”) issues this public statement following the September 2025 General Elections to articulate public expectations for governance and public service over the next five years.

The Society congratulates His Excellency Professor Arthur Peter Mutharika on his election as the 7th President of the Republic of Malawi, Right Honourable Dr. Jane Ansah, SC, on her election as Vice President, Right Honourable Mr. Enock Chihana on his appointment as Second Vice President, and all elected Members of Parliament and Councillors.

The Society reiterates that all legal and political authority derives from the people of Malawi and must be exercised in accordance with constitutional principles of openness, democracy, accountability, rule of law, and respect for human rights.

The Society notes that while campaign commitments and development promises are welcome, leaders will ultimately be judged on their ability to translate promises into tangible action aligned with constitutional aspirations and the national development agenda.

Key Public Expectations

(a) Respect for the Rule of Law and Anti-Corruption Efforts: The Society stresses the importance of adequately supporting institutions responsible for upholding the rule of law, including the Judiciary, Anti-Corruption Bureau (ACB), Financial Intelligence Authority, Malawi Police Service and other law enforcement agencies. Concerns are raised regarding underfunding, institutional weakening, and delays in key appointments, which undermine public confidence and accountability.

The Society also calls for strict enforcement of the Public Officers (Declaration of Assets, Liabilities and Business Interests) Act, 2013 and urges authorities to investigate and prosecute abuse of public resources regardless of status or political affiliation.

(b) Operationalisation of the Judicial Reform Acts: The Society highlights that although the Constitution (Amendment) Act, 2025 and the Judicial Service Administration Act, 2025 came into force on 1 February 2025, meaningful implementation has not yet occurred. The Society calls for urgent appointment of the Judicial Service Commission (JSC), establishment of the Independent Complaints Commission of the Judiciary (ICCJ), and full operationalisation of the reforms to strengthen accountability and access to justice.

(c) Sanitising the Mining Sector: The Society expresses concern over reports of abuse, corruption, illegal mining and exploitation within the mining sector despite the existence of the Mines and Minerals Act, 2023. The Society urges Government to take corrective measures within the law to ensure transparency, accountability and equitable benefits from mining activities.

(d) The Right to Development: The Society reminds Government that the Constitution guarantees the right to development and calls for equal opportunity, merit-based recruitment, and elimination of nepotism and corruption in public appointments and procurement processes.

(e) Appointments into and Removal from Public Offices: The Society acknowledges the President’s constitutional authority to appoint and remove public officers but urges strict compliance with legal and procedural requirements, fairness, and respect for natural justice. The Society also cautions against appointing individuals facing unresolved corruption allegations, noting the impact on public trust and Malawi’s corruption perception index.

The Society concludes that expectations are high for the new Government to promote the rule of law, fight corruption, operationalise judicial reforms, strengthen governance, and address economic and social challenges facing Malawians.

Issued this 29th day of October 2025.

Davis Mthakati Njobvu
CHAIRMAN

Francis Ekari M’mame
HONORARY SECRETARY