Mlothwa Mlothwa’s view of justice in Malawi

'Advocate JJ Strijdom SC in RSA during an interview with the Parliamentary Committee for a role as Judge in the High Court Division of Gauteng, prided himself for having delivered 100 judgements in a single year and only faced one appeal of the 100, even then, a senior court upheld his judgment. This is the level of accountability, excellency, responsibility and competency needed to deliver Justice to citizens and organisations.

Back to this part of the universe, I am not sure if there is an organ that exists to check the Judiciary, their conduct and decisions made. I know of countries, where even the Supreme Courts decisions are subjected to further scrutiny by an independent committee or indeed a committee of Parliament. So far, this part of the universe, seems the Judiciary has a blank cheque. It intrigues me as to how their performance is measured periodically and what informs promotions, pay raise etc. The morality of their strikes is another matter. I won't dwell on it.

I have sought justice myself many times and I am still seeking, It would be fair if I concluded from my experience,I see myself as a "beggar of justice". This is not an attack, but feedback to the Judiciary as a Court User. Let me be petty, the Elizabethan architecture ( my subjective view) of Courts, the inside brownish wooden decor and robes are quite intimidating and unfriendly, it is possible to have a friendlier look and feel.

I don't know whether there is no customer service in Law studies or in practice or may be it is not necessary at all, but right from the reception at Courts, to behaviour of some Law Clerks to the conduct of some Judicial Officers, non computerised systems, to lack of vital resources to deliver justice such as stationery - they all conspire as factors to give one an impression as court users we are actually being " done a favour" to have matters given a date, heard and decided. Justice is getting delayed without justification and not up to me to say it is being denied as well.

I am told, elsewhere - a career in the Judiciary is aptly choosing an abnormal life because it is taxing as it demands long hours of work and burning midnight oil. Ordinarily, am told they should also rarely be seen in public. This part of the universe, without sounding petty - we meet them at night clubs and other places of "fun" quite regularly as though they have no work. They seem to have so much free time, at the expense of justice and this is purely my opinion. I must hasten to recognise the very few that work hard in the Judiciary. They are there, it is fair to say so.

Who monitors their performance? I feel reforms should have started at the Judiciary. Imagine a World where courts disposed off matters quickly; employers, corrupt people, criminals etc would think twice before doing what they do!

Then there is the Industrial Relations Court, in all fairness- this court must be operating overtime and at the speed of light because employers tamper with peoples' livelihoods, willy nilly. Literally Justice is being delivered after Justice Seekers have long died! If it is not about panelists not being available, it is the Presiding Officers attending a workshop or gone for a Masters degree. When all excuses are exhausted, one gets told, there is change at IRC- " wait until new officers are appointed". Why should a labour matter take 3 years before it is even given a date?' Copied from Mlothwa Mlothwa's wall.

To be continued... ( Live Cases)
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