The administration of justice hinges on the interplay of evidence, particularly forensic evidence, truth and the applicable laws.
Courts are tasked with determining matters before them based on these principles.
However, corruption and compromised judicial independence frequently undermine the fair and effective administration of justice.
Judicial independence, a phenomenon I have termed ‘musandifuse’ when corrupted, can give rise to euphemisms for practices that hinder the rule of law.
Even in the presence of clear forensic evidence, indisputable facts and applicable legal frameworks, the courts may sometimes lean toward ‘musandifuse’ rather than truth and justice, eroding public confidence in the Judiciary.
The connection between forensic evidence, judicial processes and ‘musandifuse’ is huge.
Ideally, courts should base their decisions on evidence, truth and legal principles. However, when ‘musandifuse’ corrupts the Judiciary, these elements are overshadowed by delays, denials and manipulations of justice.
As a result, corruption becomes a silent adversary to judicial independence, reducing the Judiciary’s capacity to deliver justice efficiently and fairly.
Properly collected, preserved and presented forensic evidence helps courts decide cases based on facts and legal standards.
However, judicial malpractices like ‘musandifuse’ dilute its effectiveness.
Much of the bench lacks the tools, knowledge and wisdom necessary for effective justice delivery.
When combined with ‘musandifuse’, this becomes a disaster.
For instance, in one notable case, a deputy chairperson of the Industrial Relations Court issued a well-reasoned ruling but later manipulated the outcome during the assessment of damages.
Because the court cannot be questioned, this became a referral matter, wasting the appellant’s time and resources and continuing to inflict pain on the appellant.
Similarly, cases where rulings are delayed for months or even years reflect the systemic inefficiency fostered by ‘musandifuse’, leaving victims without recourse and justice delayed.
A six-year-old study of white-collar crime has exposed the great challenges posed by ‘musandifuse’.
Court delays in justice delivery often take months or years to deliver judgments, even when forensic evidence and other crucial documents are intact before the courts.
Victims are left in limbo, unable to seek further remedies due to procedural bottlenecks in the name of ‘musandifuse’.
Asking a judge why the case judgement has been delayed is a case against you in Malawi’s judicial system.
The courts, having been so empowered by ‘musandifuse’, induce the manipulation of facts, even while evidence or forensic evidence, which should be the foundation for judicial rulings, is sometimes misinterpreted or deliberately ignored.
This creates a paradox where clear-cut cases are subjected to unnecessary delays, unjust rulings and appeals.
The observable effect of ‘musandifuse’ is the erosion of public trust. Combined with judicial corruption, it undermines
