Documents/MGDS/11: IMPROVED GOVERNANCE/11.4: Justice & Rule of Law

11.4: Justice & Rule of Law

The long-term goal is to increase access to justice and entrenched rule of law.

Other Information:

Developing a Strong Justice System and Rule of Law -- The creation of a strong legal system that safeguards the interest of the nation and promotes the rule of law is also a fundamental factor for achieving sustainable economic growth and development. This, among others, is envisaged to create an enabling legal and regulatory framework that provides incentives for economic activities. The dynamics of the modern world that brought about multi-party democracy, globalisation, regional integration, and human rights calls for a coordinated approach to delivering justice and respect for the rule of law. It is with this background that all stakeholder institutions in the sector have a role to play if Malawi is to attain its medium term goals. There are a number of constraints that need to be addressed in order to develop and enforce the rule of law in Malawi. These include shortage of legal experts to effectively and timely handle legal cases, lack of local capacity to train legal personnel, and high costs of legal services. In addition, high crime rates, lack of adequate access to justice, commitment to human rights and lack of respect of the rule of law are also critical issues that need to be tackled. However, there are also other cross-cutting constraints that affect delivery of justice and respect for rule of the law like institutional capacity, inadequate systems and procedures, HIV and AIDS pandemic, slow adoption of ICT and poor infrastructure... Medium-Term Expected Outcomes: In the medium-term, it is expected that Malawi shall have a more responsive and effective judicial authority with sustained administration of justice, increased public confidence in the judicial system and improved ability of the private sector to obtain equitable and fair settlement of disputes in reasonable time and cost.

Indicator(s):