As Malawi quietly marked its 62nd Independence Anniversary on 6 July 2026, the Malawi Law Society (MLS) has challenged the nation to shift its focus from commemorating the past to delivering meaningful progress through accountable leadership, strong institutions and respect for the rule of law.
In a statement issued to mark the anniversary, MLS Chairperson Davis Mthakati Njobvu said the true test of independence is reflected not in national celebrations but in the quality of governance and the extent to which public institutions serve citizens with integrity.
The Society expressed concern over the slow implementation of judicial reforms, describing delays in operationalising key legal changes as a setback to justice sector transformation.
Although the Constitution Amendment Act and the Judicial Service Administration Act came into force on 1 February 2025, Njobvu noted that the Judicial Service Commission, announced on 6 May 2026, has yet to be sworn in.
He said the delay has prevented the Commission from carrying out its constitutional mandate, including developing rules and a code of conduct for judicial officers. The Society also urged Parliament to appoint an Independent Complaints Commissioner for the Inspectorate of Courts and Correctional Services without further delay.
On the fight against corruption, the MLS said the prolonged absence of a substantive Director of the Anti-Corruption Bureau (ACB) continues to undermine public confidence in the country’s anti-graft efforts.
The position has remained vacant for more than two years since the expiry of Martha Chizuma’s term, despite interviews having been conducted in April 2026. With Malawi’s Corruption Perceptions Index score stagnant at 34 out of 100, the Society said sustained acting appointments weaken the credibility and effectiveness of anti-corruption institutions.
Njobvu also raised concerns over what he described as a pattern by the Director of Public Prosecutions (DPP) to discontinue criminal cases, particularly those involving politically connected individuals or former clients.
Referring to The Republic v Lin Yunhua, the Society proposed amendments to Sections 99(3) and 100(2)(a) of the Constitution to empower the Legal Affairs Committee of the National Assembly (LACNA) to direct the DPP in appropriate circumstances, arguing that stronger oversight would enhance public trust in the prosecution system.
The Society further linked governance shortcomings to Malawi’s worsening socio-economic challenges, saying nepotism, abuse of public resources and weak accountability have diminished service delivery and pushed many citizens to seek opportunities in neighbouring South Africa.
It also called on the government to speed up the repatriation of Malawians stranded abroad while implementing lasting solutions to the country’s foreign exchange shortages and the thriving parallel currency market.
“Independence must be measured by the quality of governance, the integrity of public institutions, and the extent to which citizens enjoy dignity,” Njobvu said.
The Malawi Law Society concluded by urging authorities to move beyond promises and implement reforms that strengthen democratic institutions, intensify the fight against corruption and deliver tangible improvements in the lives of Malawians, saying these are the milestones by which the nation’s independence should ultimately be judged.
