Magistrates to form association
Magistrates in the country plan to form a grouping called Association of Magistrates in Malawi (AMA), which is aimed at promoting their interests.
The magistrates have so far drafted the constitution and will launch the organisation before the end of this year, according to spokesperson Kondani Chinangwa.
facing challenges
“We are also planning to send five magistrates to Zimbabwe for a week to learn how our friends operate,” said Chinangwa in an interview on Thursday.
There is already Judges and Magistrates Association but Chinangwa said the problems affected by magistrates will be looked into better if they have a separate association.
According to the magistrate, there are a number of things that they want government to look into. Among them are salaries, housing, mobility and security.
On salaries, Chinangwa pointed out that there is a big gap between magistrates and judges although the magistrates handle about 95 percent of the cases.
“Again, how do you expect a magistrate who is receiving a monthly salary of K70 000 to professionally handle a case involving K150 million. He has to pay for three months’ rent, fees for children, food as well as support relatives. Can they not be tempted to get the money from the suspect and pay for his needs?” asked the magistrate.
He also expressed concern that magistrates have to look for houses that are cheaper according to what they earn.
I think Chinangwa has a case. Harmonisation is the only way out. If a magistrate has a qualification as the judge, let them receive same sum salaries and other benefits with a slight difference. But you do not rash to make a different groupings. You will begin inner-house fighting between judges and magistrates that will compromise your duty and integrity. This will have serious repercussion on justice in the country. Surely bwana Chief Justice, leave this assignment with you. My the spirits of my grandfathers guide you guys in legal fraternal where the devil is walking with four legs.
I do not agree with the Chinangwa when he says “how do you expect a magistrate who is receiving a monthly salary of K70 000 to professionally handle a case involvingK150 million.” What is he trying to say? Is he suggesting that if you are handling a huge case then you are prone to corruption?
Your passion is to see that offenders are put behind bars. Also remember that you CHOSE to pursue a legal profession. So you should be proud of it whether you are poorly paid or not.
My advice is that supplement your income with any icnome generating acitivity, e.g. start a busness. Money is never enough. It is only magistrates who are are lowly paid. It is a whole of people. So please love job or else resign and find a job that is well-paying.
Salaries canot be harmonised. Judges are senior to magistrates. So they cannot receive the same salary. It does not happen anywhere. Mind you for one to be a judge it means you have served for many years.