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Delaying justice, road carnage
A few months ago President Bingu wa Mutharika said that there are some strong politicians and businessmen who would corrupt even the legal fraternity in order to get away with a crime.
This sober statement did not go well with some people who either do not understand issues or deliberately misinterpreted the President’s speech to suit or to make a political killing.
To begin with, the stories that the legal fraternity or to be precise, some judges and magistrates are corrupted are not new all over the world. A couple of years ago some judges in Luanda, Angola and Kenya recently were suspended and later dismissed on account that they were accepting bribes.
In my view, political influence, social and economic difficulties, a type of bribe being offered and other environmental factors can induce a judge to accept or refuse a bribe.
In Malawi, is the legal fraternity an exception? What about the two businessmen who attempted to bribe Justice Mkandawire the other time? What about the resident magistrate in Blantyre who is alleged to have accepted a bride from a certain business man? What about the magistrate in Limbe who is also alleged to have accepted a refrigerator for a kick-back?
Jesus Christ said those who are well have no need of a physician but those who are sick. Likewise a litigant goes to court to seek justice — the right and fair trial by following the rules of natural justice. And he or she can even appeal to a higher court of law if he sees that there was a miscarriage of justice in the lower court. It is imperative, therefore, that judges should remember the oath they take in their profession.
Our Chief Justice Leornard Unyolo once said, and I quote him: “Justice delayed is justice denied”. Those of us whose cases are gathering dust in the courts fully agree with Justice Unyolo.
A straight forward case which if even referred to my village headman he would pass judgment the following day, why should such a case take six or more months when it is the magistrate or judge?
I can understand murder cases taking time but not cases involving fraud — whereby insatiable landlords sell same plot of land to more than one person and feel comfortable that if taken to court they will get away with it.
About two years ago, I read in one of the dailies that some of our lawyers preferred a certain high court judge to preside over their cases to other judges — why?
Judges and Magistrates ought to realise that the more a case drags the more expensive it is to the litigants as well as their lawyers. I therefore repeat that some of us whose cases are gathering dust in the courts now see reason in why lawyers go judge-shopping. It may not be ethical, but it may be a lesser evil.
It is worrying to read stories about allegations of bribes affecting the judiciary. Our worry is: What justice would one get in such courts if he quarrelled with his or her village headman, a son of an influential politician, a police man, or daughter of a governor of a ruling party? Definitely the accused’s defence to the crime which may be contributory to the behaviour or activities of complainant may never be taken into account when passing a sentence.
We are therefore not surprised to hear and learn that our prisons are these days congested with prisoners. The bribes mentioned above are conclusive evidence that there is a miscarriage of justice in some of our courts. If Governor Festus and King Agrippa did not follow rules of natural Justice (refer Acts 24-26) Paul was going to have his head chopped as demanded by Tertullus on behalf of the Sanhedrin.
We once again appeal to our Chief Justice to see to it that justice is done in these courts. Those who are suspected of receiving bribes should be transferred or given different jobs as they bring a shame to the entirely judiciary.
In the past 10 years there has been a lot of road accidents and the traffic police are partly to blame because some of them have a growing appetite for kick-backs. Unroadworthy vehicles, with worn out tyres, have gone through roadblocks and later kill people.
The police tirelessly chase drivers because they know that in the end they will get money from him.
Traffic police sometimes stand at an invisible spot in order to ambush drivers. Because of desire for money some have even risked their lives by either pulling the driver from his seat or snatching the ignition keys while the bus is in motion. In so doing some drivers have swerved and caused accidents.
Somwe minibus owners too have contributed to accidents by forcing their drivers to use unroadworthy buses. If the Police can work professionally road accidents would be reduced in this country.
The Bible says: Those who set up traps for others are themselves caught up in the same traps. Likewise those who receive bribes today will have themselves to blame tomorrow. It will no longer be a political persecution but a reality of their harvest from seeds they sow.
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