Abstract
AbstractThis article focuses on the appointment of judges in Malawi. It explores the constitutional provisions governing judicial appointments and finds that the system established by Malawi's Constitution has manifest weaknesses. For example, the composition of the Judicial Service Commission (JSC) is narrow and not representative of Malawian society; there are also no procedures for the JSC to follow in its operations. The article argues that the system for appointing judges has a bearing on the eventual character and integrity of the judiciary itself, hence it is important to align it with the constitution's ideals. In conclusion, the article makes recommendations for improving the system, including by broadening the JSC's composition, adopting a law to stipulate clear and transparent procedures for the JSC and also curbing presidential powers in relation to judicial appointments.
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