A major report published this week by the International Bar Association (IBA) exposes how threats to freedom and justice have triggered off a chain reaction putting millions of people in Malawi under threat of famine.
The IBA’s report, the result of an investigative mission by a team of jurists from South Africa, Malawi, the United States, Britain and India, describes hearing evidence of threats and intimidation to independent-minded judges, lawyers and journalists, and blacklisting of those who challenge the government.
Members of the country’s Executive are also prone to ignore court orders, putting themselves beyond the rule of law, siad the report.
”The scale of the poverty, the food shortages, and the Aids epidemic in Malawi would challenge any society and any government,” says Linda Dobbs QC of the IBA delegation.
”International support is going to be absolutely critical to get the people of Malawi through this crisis. But to secure this, the government and executive are going to have to take urgent and convincing steps to restore international confidence in the country, attack corruption and uphold the rule of law. Right now, they seem to be heading in the wrong direction.”
”President Muluzi needs to ensure that the democratic institutions set up in Malawi are not only protected but reinforced, and that the rule of law and adherence to the Constitution are put above the concerns of individual politicians or government officials.”
Detailing the contents of the report to an audience in Johannesburg, which included Malawian High Commissioner Gamaliel Bandawe, IBA and Human Rights Institute member Ashwin Trikamjee said the investigation conducted in May had been prompted by ”disturbing” reports of ”blatant disregard for the rule of law” and government interference which had cast a doubt on the judges’ future.
Regular threats to institutions such as the ombudsman and judges had lowered their morale.
”Three judges were recently called in to parliament for involvement in cases not well-received by government. They were hackled and humiliated by members of the executive which regards itself as above the law and the Constitution,” he said.
The urgent need to focus on good governance in order to restore the flow of funds is being jeopardised by interference in the independence of the justice system and the media, and by presidential efforts to find a way to stay in power for a third term, while the Constitution circumscribes a maximum of two.
Trikamjee was also critical of judges indulging in private commercial contracts outside the judiciary.
”We found this totally unacceptable as the judiciary ought to be seen to be impartial. Their explanation of low remuneration is not acceptable.”
He recommended that judges’ salaries be raised or that the government appoint people who would act as judges out of commitment and not be driven by remuneration. – Sapa