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Judiciary moves on special fiscal court, case delays

Chief Justice Andrew Nyirenda has set up a special committee comprising judges, a magistrate and Director of Public Prosecutions (DPP) Steve Kayuni to look into the feasibility of establishing a Financial Crimes Court.

Speaking in Chitipa yesterday when he presided over the opening of a new court house, the Chief Justice said the court would help fast-track cases of financial crimes and corruption which he said is deep-rooted in the country.

Nyirenda: We are in the formative stage

The development is in response to President Lazarus Chakwera’s appeal, made in May when he opened the third session of the 49th Session of Parliament, for the Judiciary to expedite the creation of special courts to efficiently dispose of cases of corruption and theft of public funds.

Making the announcement yesterday, Nyirenda said the special courts will help the country deal with the backlog of stagnating cases that people want to be dealt with.

Said the Chief Justice: “We are in the formative stage. There will be consultations that will have to be undertaken among stakeholder institutions like Malawi Law Society [MLS], Ministry of Justice and Legal Aid to see the feasibility of setting up those courts.

“We are consulting, and we have put committees in place that are working on it. We hope that sooner than later, the whole initiative will have taken off. It is something that we must, in my view, undertake to accomplish.”

Nyirenda said another committee has also been constituted to probe delays in concluding cases in courts after MLS asked the Judicial Service Commission (JSC) to allow the law society to directly engage with or impeach judges whose pace in handling cases is deemed questionable.

He said: “We have been talking with the MLS and there will be A statement where we have set up a task force that is going to work with the Judiciary and MLS so that they find ways to minimize delays. These delays at High court levels is what MLS is most concerned with.

“Delays at every stage or level of the Judiciary is something that is not acceptable and, therefore, we hope that with strides that we have put in place, we will find lasting or more permanent solutions.”

In an interview, Minister of Justice Titus Mvalo, who also attended the Chitipa event, said he was aware of the task force, adding it has four judges, a magistrate and Kayuni.

Said the minister: “Work has started towards creation of a Financial Crimes Court. The timeline for the exercise will be determined by how quickly funding comes, because that work needs funding.

“We don’t have a specific allocation for the exercise in the budget, but you know the budget does not contain everything. Sometimes there is funding from what we call off-budget. The Ministry of Finance already approached the Judiciary on how just this would cost. It is also a priority for the Ministry of Finance.”

In a written response yesterday, MLS president Patrick Mpaka said they were yet to see the concept note on how the special courts will resolve problems that people are complaining of  in the administration justice.

He said: “I know for a fact that at the moment some specialised courts in the country are already subject of complaints by members of the public and court users—take for example the Industrial Relations Court.

“So, until we see and understand the concept of this particular specialised Financial Crimes  Court, we may not be able to comment thoroughly.”

However, he said given the Special Task Force announced today, it may be useful to wait for their  findings and incorporate any ideas that may work to enhance credibility in justice holistically.

According to a joint statement signed by Mpaka and Nyirenda, co-chaipersons of the task force are Justice of Appeal Lovemore Chikopa and Felisah Kilembe-Mitambo from the MLS.

Other members are Justice Dorothy NyaKaunda Kamanga, solicitor general Reyneck Matemba, Principal Legal Aid advocate Sigere Chirwa, lawyer Khumbo Bonzoe Soko, MHRC commissioner Chikondi Chijozi and Yusuf Nthenda, who is Legal Affairs Committee of Parliament chairperson.

Meanwhile, European Union (EU) in Malawi Chargé d’affaires Aurelie Valtat, whose institution has reconstructed the Chitipa Magistrate’s Court under the Chilungamo Project, said the EU will continue supporting the Judiciary.

She pledged to continue to work on access to justice and ensure that all marginalised groups such as people with disabilities and victims of gender-based violence access courts in the best possible way.

Said Valvat: “We will continue to work on justice and accountability, generally with the new corruption drive of the government. This is another area we would like to support maybe on financial crimes. The Judiciary has demonstrated that it can deliver ground-breaking decisions.

“The lack of resources in the Judiciary is still a concern and we are happy that the EU can contribute, but it’s important that the Ministry of Justice is equipped and the Judiciary is able to deliver justice on its own.”

Experts told The Nation earlier that while specialised courts will help fast-track the prosecution of financial crimes, but resource constraints as well as legal and procedural hurdles could derail the desired set-up.

While the exact amount required to implement the courts is still being worked out, the High Court and Malawi Supreme Court of Appeal annually costs the taxpayer K3.6 billion and K10.7 billion, respectively, while the Commercial Division costs K596 million.

Special courts come in a variety of forms such as special branches or divisions of existing courts, others are established as separate, standalone units within the judicial hierarchy.

A new court would require new office space, judges, support staff, furniture, vehicles and other administrative and logistical requirements. The proposal will also require amendments to the law requiring both time and funding, according to experts.

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