ZODIAK ONLINE
Sect. 5, P/Bag 312
Lilongwe, Malawi
A legal expert, John Gift Mwakwawa has called on the judiciary and its stakeholders to design ways to deal with a backlog of cases and delay of the same at the country’s courts.
Mwakhwawa says the challenge goes beyond the number of Judges and Magistrates but rather the procedures followed in the administration of Justice.
He noted that the tendency of asking for adjournments by parties to criminal cases remains a challenge.
“This problem has been there for a long time and it remains a problem. Some procedural steps required in the judicial system are a problem. Litigants who want to delay a matter can take advantage of the system,” said Mwakhwawa.
“In civil cases, courts are now taking control but in criminal cases the courts rely on the state to move the cases forward,” added Mwakhwawa.
Chief Justice, Rezine Mzikamanda has acknowledged the existence of an increased number of long-standing cases at the courts which he attributed to due to delays to complete the cases.
Justice Mzikamanda said they are working to deal with this, adding those who bring the cases to the courts are also contributing to the challenge.
“The delays are not just caused by the courts but are also contributed to by those who bring the cases to the courts. We are discussing with stakeholders on the best ways to deal with the delay. But that which we can deal with on our own, we will deal with,” said Justice Mzikamanda.
Human rights activists in the country have been calling for speedy completion of court cases, to help individuals who have stayed on remand for years.