MoJCA Criminal Registry

Before

As part of its work with the Ministry of Justice and Constitutional Affairs, IRLI identified the need to organize the criminal registry. IRLI found that in order to increase work efficiency a case management system is required in the Ministry. This nationwide wide system is something that the EU Democratic Governance Programme is currently working on implementing. As an interim step, IRLI engaged with the paralegals and clerical officers based in the criminal registry in Lilongwe to organize the registry. This work will aid any future implementation of a case management system.

The main focus of IRLI was to build capacity. IRLI together with the paralegals and clerical officer have spent over two months organising the registry. Thanks to the support of senior officers in the Ministry of Justice IRLI was able to work hand in hand with its Ministry of Justice colleagues. Through this capacity building files are now organised by offence, district, year and region.

The benefit of taking this hands on approach means that the staff of the criminal registry have added to the new filing structure and are now trained on how this structure should continue into the future. Taking a combined approach in this manner allows everyone’s input to be incorporated. It also helps instil a best practice and hard work ethic approach to file management which will assist the implementation of future automatic management systems.

IRLI would like to express it thanks to the Office of the Director of Public Prosecutions, the staff of the criminal registry and also to the many other officers that supported and welcomed this work. This work has been enjoyable and the participation of all staff is very much appreciation. We look forward to continuing to work together in this manner.

 After

Criminal Registry Staff

  New operations guide

The Judicial strike goes on....

 

The judicial strike in Malawi has now entered it’s second month. All 200 courts, from the Supreme Court to the Magistrate’s Courts have closed causing great disturbance to the efficient running of the legal system having serious consequences for all who seek access to justice. The Malawi Law Society and senior judicial officers have written to the Office of the President and Cabinet (OPC) giving notice they will join the strike should this not be resolved promptly. The Civil Servants Trade Union (CSTU) also says it is likely to join the judiciary workers’ plight.

The current situation has come about due to the refusal of the current regime to implement the terms and conditions as determined for judicial staff by the previous Parliament in 2006. The Executive has refused to implement this despite a High Court judgement from 2007 ordering them to do so. There is a constitutional framework which entrusts particular powers to three respective branches of government – Legislature, Executive and Judiciary. One branch cannot refuse to uphold its obligations as determined by constitutional processes. It was Parliament that determined the terms and conditions of service for the Judiciary and it is the Executive branch that refused to honour Parliament’s determination. The matter was litigated in Constitutional Case No. 6 of 2006, where the Malawi Law Society approached the Court with the issue which heard, among others, that Government should implement the revised conditions and terms of service. The court ordered that the Executive branch of the Government is bound to implement the determinations of Parliament. These were decisions of two of the three branches of the Government and they cannot be ignored by the Executive. To do so is to ignore the workings of the constitutional processes and amounts to disregard of the rule of law.

At issue is a Government promise made almost five years ago to grant a 50% salary increase to judicial support staff which has never been fulfilled. They are also demanding that members of the judicial system be treated in the same manner as other civil servants in that their salaries should be reviewed every year and not every third year and that they must be paid their arrears in wages before they return to work. They have vowed to continue to strike until their demands are met. The workers held a similar strike in 2008 to force the government to implement the pay increase approved by the legislature two years earlier.  But the strike was cancelled three days later after government authorities promised to look into their grievances.  They have been waiting ever since. 

The Government says due to the current financial difficulties any pay increase would be impossible at this time. But the judiciary support staff is not demanding that they be paid what is due all at once. They are seeking part payment and a commitment in writing that they would fully be paid what is due within a given period. While the political crisis in Malawi and the withdrawal of much of its international donor support has left the government with a serious shortage of funds to meet its budget, Parliament’s decision to prioritise the payment of a mid-term gratuity for Members of Parliament has left members of the judicial system angry and strengthened their resolve to continue with the strike.

Any further delay to address the workers’ grievances would have serious repercussions on Malawi citizens, especially those being held in custody. Under the laws of Malawi a person charged with a criminal offence must be brought to court within 48 hours, however without access to the courts this rule cannot be upheld. Crimes are still being committed and people are still being arrested even though the courts are not functioning. Without the courts the police should not send suspects to prison for remand. The remand population in Maula Prison in Lilongwe is now as high as 609 men and women in pre-trial detention where it was 487 remandees this time two months ago. The remand population in Lilongwe police station is at 300 people, all crammed into cells designed for no more than 100 people.  The police are required by law to obtain remand papers or committals from the Magistrate’s Court before they send suspects to prison. This only seems to have been done in one case of late. The Government must address this issue with the urgency it deserves so that the suspects should access justice quickly. 


Justice delayed is justice denied.

Ruth Dowling B.L 

Training Lilongwe Police Officers (Saturday)

 Participants at Saturdays Training Session

On the 3^rd and 4^th of February the Irish Rule of Law International (Malawi) ran two training sessions at the Lilongwe District Assembly for police officers from Lilongwe Police Station in conjunction with the Department of Justice and Constitutional Affairs and Police Headquarters, Lilongwe. This training session was made possible through the valued assistance of Mr. Pacharo Kayira, Senior Deputy Chief State Advocate in the Department of Justice and Constitutional Affairs and Mr. Happy Mkandawire, Officer in Charge Prosecutions and Legal Services, National Police Headquarters. Mr Kayira and Sam Mbweza from the D.P.Ps office delivered the training in conjunction with Carolann Minnock from IRLI. 

Mr Sam Mbweza (MoJCA) delivering a lecture

Aim

The aim of the training session was to develop a common understanding among all police officers of all the processes that are involved in diversion.

Objectives

Workshop participants should now be able to:

• Understand the concept of restorative justice and specifically diversion
• Implement a basic version of diversion in their police station
• Understand the relevant information that should be taken into account in assessing for diversion
• Have increased their knowledge of new legislation

In total 38 police officers completed the training event (26 male & 12 female) ranging in rank from S/Superintendant in charge of prosecutions in the central region down to police constables. 

 

Frontline Defenders: Ralph Kasambara coverage

Front Line Defenders' issued an urgent appeal on the 15th  February 2012 stating that they:

"...believe(s) that the attempted attack against Ralph Kasambara is directly related to his work as a human rights lawyer and his support to civil society organisations. We express deep concern at the attempted raid on his offices and the fact the perpetrators were carrying petrol bombs. These events remind the two arson attacks carried out in August 2011 against the home and office of human rights defenders MacDonald Sembereka and Rafiq Hajat. It is deplorable that no investigation has been opened on the attempted attack"

The organisation followed this up yesterday by expressing concern at the re-arrest of Mr Kasambara and called on the authorities in Malawi to immediately and unconditionally release Ralph Kasmabara as it believes

 "... that his re-arrest is solely motivated by his work in defence of human rights, and to guarantee in all circumstances that all human rights defenders in Malawi are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment"

 Front Line Defenders is the International Foundation for the Protection of Human Rights Defenders founded in Dublin in 2001 with the specific aim of protecting human rights defenders at risk, people who work, non-violently, for any or all of the rights enshrined in the Universal Declaration of Human Rights (UDHR).

Judicial Strike: State v President of the Republic of Malawi

For those who have an interest in the ongoing Judicial Strike, here is the judgment from the 2006 Constitutional case which upheld the Applicants case that once the Malawian National Assembly had determined the terms and conditions of service of the judiciary it became the duty of the executive to implement such determination. Topically Mr Ralph Kasambara appeared for the Applicants in the case

The final words of the court seem relevant to this day: 

"With a little bit of sobriety of thought we doubt whether it would have been necessary to have this matter the subject of litigation"

Former Malawian Attorney General held in police custody

 Mr Kasambara

On Monday 13th February outspoken lawyer Ralph Kasambara was arrested in Blantyre for allegedly assaulting a number of men. He in turn claims that men arrived at his  legal office, Ralph & Arnold, with the intent to kill him by burning down the office and that he was merely acting in self defence.  Mr Kasambara served as the Attorney General for President wa Mutharika's first term in office and was removed in May 2006. He has been an outspoken critic of the administration since his removal and was a key voice in the July 20th anti-government demonstrations. He is now a member of the Congress of Democrats (Code) political party. Last month he was also summoned by Rodney Jose, the Southern Region Police Commissioner, for allegedly inciting disaffection for the President by supporting the ongoing Judicial strike. 

In an interview from detention, Kasambara said the whole issue was political in nature. “It happened this afternoon when thugs came to my office but we managed to overpower them and later took them to police,” he told Zodiak Radio yesterday.  Blantyre Police publicist Beatrice Mwachande said that Kasambara has not been arrested rather they were discussing with him details of the alleged plot to attack him. There was no comment on whether or not he was free to walk out of the police station at any time.

Information minister Patricia Kaliati today confirmed the arrest of Kasambara and a number of his associates but accused him of kidnapping and assaulting the men in question. It is alleged in today's Maravi post when it was put to her that Mr Kasambara intercepted persons in possession of jerry-cans full of fuel who confessed to being hired to deal with his outspoken criticism of the current executive she replied that no person can take the law into their own hands.There was no comment on the use of self defence.

Since July 20th there have been an increasing number of alleged attacks on vocal community members or leaders of civil society organizations who criticize the president or the executive. There were two arson attacks civil society leaders, Rafiq Hajat and McDonald Sembereka who had had their offices and houses torched by persons who were allegedly DPP members. However dialogue between government and civil society is ongoing after they suspended dialogue mid September  due to the increased violence. The talks are facilitated by the United Nations Under-Secretary-General Sahle-Work Zewde. 

Mr Kasambara had just given a detailed interview to the Weekend Nation calling for the President to be impeached for failing to run the country correctly.

Photo Blog: Training Lilongwe Police Officers

 Welcome to training on Diversion and Recent Reforms in the Criminal Justice System

 Senior Deputy Commissioner for Police Central Region opens the training session

 Mr H.K Mkandawire, OIC Prosecutions and Legal Services delivering a welcome speech

 Ruth Dowling and Carolann Minnock, IRLI, Senior Deputy Commissioner for Police Central Region,  Sonya Donnelly, IRLI, Mr Pacharo Kayira, Senior Deputy Chief State Advocate and Mr H.K Mkandawire, OIC Prosecutions and Legal Services

Mr Pacharo Kayira, Senior Deputy Chief State Advocate delivering a presentation on Diversion

Carolann Minnock, IRLI discussing feedback with police officers