Youth and Society (YAS) applauds MHRC’s inquiry into judicial accountability and access to justice

 In a move celebrated by civil society, Youth and Society (YAS) has expressed strong support for the Malawi Human Rights Commission’s (MHRC) recent decision to conduct a public inquiry into judicial accountability and access to justice. This initiative is seen as a timely response to growing public concern about the judiciary’s effectiveness and integrity.

In a statement signed by executive director Charle Kajoloweka, YAS emphasizes that the inquiry is crucial for addressing the systemic barriers that have historically hindered Malawians’ access to fair and equitable justice. The MHRC will examine issues such as the prohibitive costs of legal representation and the various challenges that ordinary citizens face when seeking justice. The inquiry aligns with Section 41 of the Malawian Constitution, which guarantees access to justice as a fundamental right, thereby reaffirming the MHRC’s commitment to protecting citizens’ rights.

One of the key aspects of the inquiry is its focus on judicial integrity and competency. YAS believes that these factors are essential for ensuring that the judiciary operates impartially and upholds public trust. By investigating these dimensions, the MHRC aims to gain a comprehensive understanding of how the judicial system functions, identify its shortcomings, and propose necessary reforms. This proactive approach signals a commitment to transparency, which is vital for restoring faith in the justice system.

YAS has pointed out that many Malawians, particularly from marginalized and vulnerable communities, often feel disenfranchised by the legal system. The MHRC’s inquiry represents a powerful affirmation that their voices matter and that the justice system should act as a guardian of their rights, not a barrier. This focus on inclusivity is crucial for fostering a sense of belonging and ensuring that all citizens can engage with the legal system without fear of discrimination or intimidation.

YAS strongly commends the MHRC’s invitation for public submissions, which will ensure that the inquiry is informed by the lived experiences of Malawians. This participatory approach encourages individuals, civil society organizations, and legal practitioners to contribute to the inquiry, thus enriching its findings and recommendations. YAS believes that collective input is essential for tackling the multifaceted issues within the judiciary and fostering sustainable reforms.

To ensure the inquiry’s success, YAS calls upon the Malawian government and development partners to provide adequate financial support. Sufficient funding is vital for conducting a thorough and independent inquiry, and it will help the MHRC reach all corners of the country to gather diverse perspectives. YAS stresses that sustained financial backing is crucial for achieving the transformative impact the inquiry promises.

YAS also emphasizes the importance of conducting the inquiry with full transparency and integrity. The organization calls on all stakeholders and MHRC leadership to uphold the highest standards throughout the investigation. This includes implementing clear mechanisms to ensure transparency at every stage, maintaining open communication with the public, and establishing rigorous checks to uphold the inquiry’s impartiality.

To manage public expectations and enhance accountability, YAS urges the MHRC to establish clear timelines for the inquiry. Having a structured timeline will allow stakeholders to monitor progress effectively and foster trust in the process.

In summary, YAS’s support for the MHRC’s inquiry reflects a shared commitment to building a more transparent, accountable, and equitable judicial system in Malawi. As the nation grapples with challenges in its legal framework, this inquiry presents a significant opportunity for reform. YAS believes that, with active participation from Malawians and the backing of various stakeholders, the inquiry will pave the way for meaningful changes that reinforce the judiciary as a pillar of justice and a protector of citizens’ rights.

As the inquiry moves forward, the hope is that it will lead to actionable recommendations that not only diagnose current issues but also create pathways for lasting improvements in Malawi’s judicial landscape.