Law Society Calls for Judicial Service Commission to Probe Judge Misconduct
Patrick Mpaka, chairman of the Malawi Law Society, called for "reasonable self-restraint and discernment" from the public when discussing alleged misconduct by judicial officers.
BLANTYRE, Malawi— The Malawi Law Society (MLS) has urged the Judicial Service Commission to investigate misconduct allegations against High Court Justice Kenan Manda and other judicial officers, following recent public accusations, writes Winston Mwale.
In a statement released Sunday, the society emphasized the need to "separate the constitutional management of errors in the judicial functions of a Judge from that of matters concerning his or her conduct or misconduct capable of being dealt with as disciplinary issues."
The controversy stems from Facebook posts by Alexious Kamangila, alleging misconduct by Justice Manda in a commercial case.
The society noted that Justice Manda has since filed a civil suit against Kamangila.
"The issues concerning the alleged (mis)conduct of Honourable Justice Kenan Manda and any other judicial officers that have been raised in the public domain ... ought to and must be inquired into and decision(s) thereon made public by the Judicial Service Commission," the statement read.
The society recommended suspending the civil proceedings initiated by Justice Manda pending the Judicial Service Commission's inquiry, stating that "the High Court has appellate jurisdiction only after the Judicial Service Commission has made a decision under Section 118 of the Constitution."
Patrick Mpaka, chairman of the Malawi Law Society, called for "reasonable self-restraint and discernment" from the public when discussing alleged misconduct by judicial officers.
He also urged the government to prioritize enacting Judicial Reform Bills to establish clearer mechanisms for holding judicial officers accountable.
The society pledged to continue monitoring the situation and "exercise its Section 64 mandate to protect and defend the rights and interests of the people of Malawi under the Constitution and the laws of Malawi."