Association president Thoba Poyo-Dlwati said in a statement on Tuesday that while it sympathises with the striking junior members of staff, the current situation in Malawi cannot be allowed to continue any longer because a functional justice delivery system is an important component of any functional democracy.
She said the employees are within their rights to demand the payments that are due to them and which have been approved by the Judicial Service Commission, the Executive and the National Assembly in terms of laws of Malawi.
Said Poyo-Dlwati: “This strike has been sparked by the failure by the Executive branch of government in Malawi to implement an agreement to improve the conditions of service for the striking employeesâ€Â.
She said the association was notified by the Malawi Law Society (MLS) that the agreement was approved in 2006 and that since then, the Executive has been making promises on the implementation of the agreed terms and conditions of service without fulfilling these terms.
Poyo-Dlwati said the strike is having a negative effect on the rule of law, good governance and the human rights situation in Malawi.
“In particular, the strike has negatively impacted on the right to access the courts in the furtherance of civil or criminal justice, the right to an effective remedy and the right to economic activity.
“Suspects who are arrested by police are being detained for long periods as there are no functional courts to attend to their initial court appearances, while in civil matters; citizens are being denied their right to enforce their claims before the courts,†she said.
