By Staff Reporter
Malawi has started to review the Supreme Court of Appeal Act to align it to the current Constitution.
A Special Law Commission has been set up to lead the consultative meetings with the Malawi Law Society and other stakeholders to look at inconsistencies or gaps between the two since the Supreme Court of Appeal Act predates the Constitution.
Chairperson for the Special Law Commission, Justice Edward Twea, said one of the issues to be addressed in the review is on the Supreme Court of Appeal being the last court.
“Malawians now have the right of appeal to the SADC court in Namibia or COMESA court in Lusaka and a human rights court in Addis Ababa; those were not provided for in our courts as the constitution says the final court is the Supreme Court of Appeal,” said Justice Twea
“But there are issues that it is not final as there are cases that can go to other courts within the region, that is why we are looking at the Act again,” he explained.
He said the review, which is expected to end between May and June next year (2019), will also look at providing timely and equal access to the courts to all Malawians despite the social status.
Twea added that the consultations will also be extended to the general public for their input on particular issues and further consultations will be done throughout the regions so as to hear from a wider population.
The findings will then be forwarded to the Ministry of Justice which will take them to the cabinet before being tabled in Parliament.
