‘2020 tested MLS leadership’
The past two years have been the busiest, toughest and probably the defining moment for the legal profession. But despite the social media wrath the Malawi Law Society (MLS) remained focused and continued giving reasoned legal advice. In this interview our news analyst LUCKY MKANDAWIRE engages MLS president BURTON MHANGO to explain how tough it has been to run the law society at such a turning point and other issues:
Q
: You are the first MLS president to serve a two-year term having migrated from one year, how would you describe your journey?
A
: As you have rightly put in your introduction, the years 2019 and 2020 have been unprecedented years in Malawi. For us this came at a time when the profession was just introduced to the new Legal Education and Legal Practitioners Act. And I happened to be the first president to serve the society under the new law as well. As you would expect indeed the challenges have been enormous and some were overwhelming on our profession and for me as president and the entire leadership of the society. However, these challenges have obviously resulted in my growth as a professional and as a leader. I don’t think there has ever been times like these. I feel privileged. I have leant quite a lot and I thank the whole legal profession for trusting me to lead the legal profession at such difficult time in our history.
Q
: What would you say has been your highest and lowest moments as president of the society?
A
: There have been many high and low moments in my leadership. The most depressing moments for me have been when the profession I strongly consider as one family, the family of lawyers, appeared to be so deeply divided apparently not entirely due to different legal opinions, I so think, but due to perceptions of political affiliations. I believe as lawyers, we should always base our judgments on the legal principles and our professional values even though we are entitled to hold different political alignments.
The highest moment would be when we successfully held our 2020 Annual General meeting. The profession once again demonstrated that despite all the challenges I have stated above we remain united and we care for the profession we all hold so dearly.
Q: What has been MLS key challenge in terms of decision-making bearing in mind last year’s volatile political environment?
A
: The profession has diverse membership holding various or different views. Furthermore, it is inherent in the legal profession to always argue a case on different perspective. That is the environment that we are normally used to operate as a legal profession. As such every decision that you take is prone to be considered from different perspective and criticism. That is not surprising.
However, in our decision-making processes we always made sure that we make sound judgment based on what the law says and what the law allows us to do. So despite the political volatility in the past two years we believed in our decision making processes to always make appropriate decisions and provide sound advice based on the law.
My focus as president has been to make sure that through and through MLS safeguards its integrity and remains relevant and does not become any other activism group because our foundation is under statutes and law that’s where we must always look up to in all the actions we take as MLS.
Q
Some people thought MLS would be compromised because of your being a brother to Charles Mhango, a close ally of Democratic Progress Party (DPP) leader Peter Mutharika, what’s your take and how did you balance the two?
A
: My relationship with Charles Mhango has not in any way affected my position as president of MLS. There has been no one decision that I have made that any member would say has been influenced by my relationship to my brother. I would like to remind you that MLS executive committee has 10 members. Some members of my executive committee are very senior and very seasoned lawyers. Besides there are many counsels, including senior counsels, who contribute to the decisions and positions that are taken by MLS. Therefore, any decision or communication to the public or stakeholders is thought through, deliberated, weighed before it is made. It is not a one man show and our positions are based on the law. Just to emphasise what I had said at one point that I as Burton Mhango, I am only the face of the executive and it is the executive committee that makes decisions and not me personally.
Q
: How would you wish to be best remembered as MLS president by the legal fraternity and the country as a whole?
A
: I believe during my tenure we have set out a vision that underpins our first two-year mandate, and which will always set a basis of rebuilding our society so that it fulfills the needs and expectations of its members and the people we serve. I want to be remembered as first MLS president who served under the Legal Education and Legal Practitioners Act 2017, the MLS president in year of nullified and fresh elections and the year of Covid-19.
Q
: On a lighter note, are you seeking reelection when the society goes for elections early next year?
A
: I do not harbour those intentions at least for now.
Q
: What is your last word?
A
: I would urge the members of the profession to focus on building one strong legal profession that speaks with one strong voice. The events of the past years in Malawi have clearly demonstrated that the legal profession is key to many aspects of democracy and we must work to safeguard its integrity and relevance.
