MALAWI: Law Experts Fault the Selective Justice System in Malawi
By Luke Bisani
Law experts in Malawi have faulted the selective justice in Malawi between the rich and the poor, arguing that the development is fueling impunity in the criminal justice system in Malawi.
Speaking during the CUNIMA [Catholic University of Malawi] Conversation, one of the law experts, who is also a lecturer in the Faculty of Law, John Gift Mwankhwawa, said prominent citizens opt to be favored in the system, unlike those that are poor.
“There will always be big news of a big arrest, and we are talking about the elite people getting arrested, and we will all be looking forward to seeing what happens with the arrest, while when someone from Ntchisi district gets arrested, they might probably root for remand because their names are not that big,” said Mwankhwawa.
Mwankhwawa also faulted the delay by those handling cases of people suspected to have broken the law.
He further faulted the lack of transparency in the system, arguing that people are not kept updated on the cases they are suspected to have committed.
Concurring with Mwankhwawa, Vice President of the Malawi Law Society (MLS), Tusume James Mwabungulu, urged the authorities involved in handling high-profile cases to be transparent to the public on the decisions made.
“Malawi Law Society once queried the Director of Public Prosecution when former head of state Bakili Muluzi’s corruption was discontinued; the society asked for justification to be made because the matter was in the public interest,” said Mwabungulu.
In 2021, CUNIMA introduced Conversation with the aim of providing a forum for discussion on matters affecting the public.
The fourth conversation was held under the theme “Selective Justice and Impunity in the Criminal Justice System in Malawi.”
