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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	67
75	In practice, do judgments in the criminal system follow written law?	75
76	In practice, are judicial decisions enforced by the state?	50
77	Is the judiciary able to act independently?	88
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	61

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Sec 42 (2) (viii)

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: 1) Kanyongolo F.E. "Malawi: Justice Sector and the Rule of Law" A review by AFRIMAP and Open Society Initiative for Southern Africa, Open Society Initiative for Southern Africa: Cambridge, 2006

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Sec 103 (1)

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

2) Khembo N. The Constitution and Constitutionalism and Democracy in Malawi: The Reign of a Parliamentary Oligarchy" in Nhema A, The Quest for Peace in Africa, OSSREA: Addis Ababa, 2002

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Courts Act, 1958 (Act 1 of 1958)

Laws of Malawi, Chapter 3:02

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Sec 119 (2)

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Political and Administrative Studies Department, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

2) Interview with Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Zomba

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Interview with Happy Kayuni, lecturer, Political and Administrative Studies Department, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

2) Interview with Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Zomba

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

79b: In practice, women have full access to the judicial system.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Constitution of The Republic of Malawi, Sec. 42 (2) (v)

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

2) Interview with H. Kayuni, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 8, 2007, Zomba