WHEN ONE ROTTEN FISH SPOILS A BASKET.

Malawians have looked up to the Judiciary no less than they have looked at politicians to end corruption. However, there is desperation in the people yearning for an end to the malpractice. One could see confirmation of my assumption recently when the country’s Vice President launched his United Transformation Movement. The crowd stayed relatively quiet until when he promised to deal with corrupt politicians and individuals when put into power. 

That is a story for another day. Today, I write in agreement with Professor Danwood Chirwa’s article entitled “A plea for the legal profession to cleanse itself”. As a preamble, let me bring to your attention dear reader the various points he makes. 

Firstly, that the disciplinary system among lawyers is dysfunctional. This is based from the source of his article, a leaked conversation among lawyers where some lawyers admit corruption both in their practice and in their dealings (if at all they are different). 

Secondly, he underlines the importance of the Malawi Law Society in safeguarding the rule of law, democracy and constitutionalism in the country.  

Thirdly, he regrets the use of the presumption of innocence when lawyers are in the wrong calling it an abuse of legal principles as, as he notes, a disciplinary process has its own life aside from the criminal matter brought against a lawyer. 

Fourthly, that if not nipped in the bud, some of these lawyers end up on the bench and as is practice, they “might” just end up spoiling the judicial system even further. 

Lastly, he cautions, that the Malawi Legal profession must have a renewed impetus in the wake of the leaked conversation because the legal profession is critical in bringing about change in the country. This however according to the learned Professor, cannot be possible if a number of its members are afflicted by a criminal mindset. Thank you Danwood!

At this juncture, I would like to extract a few points from Danwood Chirwa’s article. Obvious of all, is the fact that not all members of the Malawian Legal Profession are involved in corrupt schemes. We can also comfortably say that there are those who are involved in corrupt schemes as per the article and the leaked conversation. 

Paramount to note is the fact that it is these few lawyers involved in corrupt schemes who tarnish the image of the profession such that the few good ones cannot make up for their deeds. A bad deed travels a thousand miles further than a good deed! 

Therefore, the only way to deal with the problem facing the legal profession is to make sure that bold moves are made denouncing malpractices among members of the legal profession. How this can be done, is a task that the Malawi Law Society has to strategize about. However, as much as this can be done, why can’t I contribute a little to the cause?

Firstly, I will restate Professor Chirwa’s line of thought that once a lawyer has been arrested in connection with his or her duties as a lawyer, it should not matter whether the criminal case against him or her has been concluded or not. The MLS must at such a stage commence such disciplinary process and the assumption of responsibility must as such never be used. The practice recently is that when a lawyer gets arrested, a bail application usually follows which leads to a natural death of the accusations brought forth by clients.

Therefore, for every accusation brought forward, whether by way of initial arrest, or by complaints filed with the Malawi Law Society, disciplinary proceedings must lie, and their conclusion made. At the end of the day it’s the client who suffers if this is not done. And furthermore, a lawyer under investigation must not be allowed to stand before an honourable court until such a matter is concluded.  

Secondly, why not make it a requirement for every law office to display a complaint procedure at their front office just as they display mission statements and certificates of registration? The public just as the word is, is public and composed of a people from various backgrounds some of who do not know the existence of the Malawi Law Society. Therefore, the MLS could make it mandatory for every law office to display a message which would read for example “If you are dissatisfied with the conduct and practice of the legal practitioner (s) of this law office, contact the Malawi Law Society on ……. or visit their offices at…………….to lodge a complaint”. 

Thirdly, the public can be civic educated about the duties of legal practitioners and how and where, they(clients) can lodge complaints in cases of malpractice by legal practitioners. 

It goes without saying, we cannot undermine the work of the Malawi Law Society such as keeping a proper register of licensed practitioners and publishing the same as required by law. At this end, let me join Professor Chirwa to bemoan the appointment of the Attorney General, being a person who had not even renewed his license. Does this ring bells as to why we cannot leave the fight against corruption to politicians? This just underscores the need for the legal profession to cleanse itself so as to continue being critical in safeguarding the country’s rule of law, democracy and constitutionalism. 

Let not a few rotten fish spoil a bounty. 

And Prof, I think with due respect, settlement claims involve judges these days according to Order 13 of the COURTS (HIGH COURT) (CIVIL PROCEDURE) RULES, 2017. Settlement under Order 13 must have been the one under reference in that discussion.