Justice Sector and the Rule of Law - AfriMAP

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Phiri KM and Ross KR (eds.), Democratisation in Malawi: A Stocktaking, Christian LiteratureAssociation in Malawi, Blantyre, 1998Scharf, W, Banda, C, Roentsch, R, Kaunda, D, and Shapiro, R, ‘Access to justice for the poor ofMalawi? An appraisal of access to justice provided to the poor of Malawi by the lower courts andthe customary justice fora,’ Report prepared for the Department for International Development,2002 (http://www.grc-exchange.org/docs/SSAJ99.pdf)South African Institute of International Affairs, Malawi and the African Peer Review Mechanism– A Review of National Readiness and Recommendations for Participation: Final Report to the MalawiMinistry of Economic Planning and Development, Johannesburg, August 2004 (http://www.sarpn.org.za/documents/d0000978/Malawi_APRM_Aug2004.pdf)United Nations, United Nations Development Assistance Framework Malawi 2002–2006, Lilongwe,2001 (http://www.undg.org/documents/1657-Malawi_UNDAF__2000-2006__-_Malawi_2000-2006.pdf)Wanda, BP, ‘The Rights of Detained and Accused Persons in Post-Banda Malawi,’ Journal ofAfrican Law, Vol. 40 No. 2, p.221, London, 1996Women and Law in Southern Africa Research Trust, Beyond Inequalities 2005: Women inMalawi, Harare, 2005Women and Law in Southern Africa Research Trust, In Search of Justice: Women and theAdministration of Justice in Malawi, Dzuka Publishing, Blantyre, 2000
Aiman Mussa, programme manager, Democracy Consolidation Programme, Inter-MinisterialCommittee on Human Rights and DemocracyAlick Msowoya, president, Malawi Law SocietyBarzirial Chapuwala, superintendent in charge of the Research and Planning Unit, MalawiPrison ServicesCatherine Munthali, executive director, Society for the Advancement of WomenChikosa Banda, lecturer in Law, University of Malawi and lawyer in private practiceChikosa Silungwe, assistant chief law reform officer, Malawi Law CommissionChrispine Sibande, lawyer in private practice and part-time legal advisor to the Society for theAdvancement of WomenDorothy DeGabrielle, justice advisor, Malawi Safety, Security and Access to Justice ProgrammeEdward Twea, judge of the High Court (formerly Registrar of the High Court and SupremeCourt of Appeal)Emma Kaliya, Chairperson, NGO Gender NetworkEnock Chibwana, ombudsmanErnest Makawa, treaties officer, Ministry of Foreign AffairsFrank Kapanda, judge of the High Court of MalawiGift Nankhuni, lawyer in private practiceGilbert Khonyongwa, senior legal aid advocate, Ministry of Justice and Constitutional AffairsGlyn Chimbamba, deputy chief courts administratorJackie Peace, governance advisor, Department for International DevelopmentJane Ansah, chairperson, National Compensation Tribunal
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MalawiJustice Sector and the Rule o
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Judicial review of the constitution
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Numerous individuals and research o
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The 1994 democratic Constitution th
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This discussion paper is based on t
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The Law Commission makes its recomm
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In recent years, government respect
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the effective follow-up of recommen
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funds for this purpose are still su
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The Constitution establishes safegu
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In order for lawyers to effectively
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enhancing consistency, compensation
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tions consistent with human dignity
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As a result of these barriers, most
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The Human Rights Commission is esta
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The end of Banda’s dictatorial ru
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The adoption of a new Constitution
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However, the government withdrew th
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provides the legal framework within
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order. In 1993, after pressure from
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public servant, provides that a pub
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his or her defence at the close of
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The High Court has unlimited origin
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Commission should first undertake f
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court of appeal for cases in tradit
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The Constitution provides for the L
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(CIDA), the Norwegian Agency for De
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annually financed by grants and con
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to pay lawyers in private practice
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give the attorney-general two month
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country-wide food shortage in 2000.
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upon the seriousness of the governm
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country’s vice-president. 173 Amo
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tutions of the justice sector were
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efforts to lobby the government to
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controlled by the Treasury. 201 The
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improving supervision of court regi
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of the deceased spouse. 230 They at
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for other sufficient reason’ to b
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Under the Banda dictatorship the ju
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after official working hours, there
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country. 267 Women, therefore, cons
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has been accepted in lieu of formal
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included extensive coverage of huma
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held disciplinary hearings relating
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for the case from the date when the
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By September 2005, the country had
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Legal Education and Legal Practitio
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Both lawyers and members of the pub
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lished between extreme poverty and
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on public goodwill to support any r
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crime-fighting operations. The oper
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Since 1996, the Public Service Act
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a change of behaviour of police off
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mechanisms for enforcing the author
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minister responsible for justice au
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The official language of the courts
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According to the study, the crimina
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his or her continued incarceration.
Page 132 and 133: Conference in 1995. 446 The confere
Page 134 and 135: the Prison Inspectorate, the Prison
Page 136 and 137: long-standing problems. 473 Followi
Page 138 and 139: national standards on the rights of
Page 140 and 141: There is only one known facility th
Page 143 and 144: Court fees in Malawi’s judicial i
Page 145 and 146: In addition to distance, other fact
Page 147 and 148: ing any person access to the courts
Page 149 and 150: There have been several initiatives
Page 151 and 152: Any person or group of persons with
Page 153 and 154: Mwadzangati v Daud Wood t/a Wood Co
Page 155 and 156: The full reports by the ombudsman a
Page 157 and 158: The powers of the Human Rights Comm
Page 159 and 160: command the respect of their commun
Page 161 and 162: officers of the ‘traditional or l
Page 163 and 164: The justice sector in Malawi is hea
Page 165 and 166: Another structure that provides the
Page 167 and 168: Most development partners provide t
Page 169 and 170: Donors hire their staff both locall
Page 171 and 172: Department of Legal Aid, the judici
Page 173 and 174: national budget. In the event, the
Page 176: Indicative summary of donor assista
Page 184: Kalekeni Kaphale, lawyer in private
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