Congratulatory Statement on The Appointment of Members of The Judicial Service Commission May 2026
The Malawi Human Rights Commission (MHRC) warmly congratulates the newly appointed Members of the Judicial Service Commission (JSC). The Commission recognizes the appointment of the JSC as an important constitutional step towards strengthening judicial governance, safeguarding judicial independence, and improving the administration of justice in Malawi.
The Human Rights Commission thanks His Excellency, Professor Arthur Peter Mutharika, President of the Republic of Malawi, for exercising his Constitutional mandate in making these appointments. The President’s decisive action in constituting the Judicial Service Commission reflects his unwavering commitment to the rule of law, the independence of the Judiciary, and the promotion of good governance in Malawi. These appointments are a testament to His Excellency’s recognition of the critical role that a fully constituted Judicial Service Commission plays in upholding constitutional order and ensuring effective administration of justice for all Malawians.
The MHRC particularly commends the composition of the newly appointed Commission for complying with the Gender Equality Act, 2013, especially the gender representation requirements under Section 13 of the Act. The composition of the Commission, comprising 54.55% women and 45.45% men, demonstrates meaningful compliance with the statutory requirement that no more than 60 percent and no less than 40 percent of either sex should be appointed in public institutions.
The MHRC views this as a progressive and commendable commitment to gender-responsive governance and inclusive representation in public institutions. Compliance with the Gender Equality Act is not merely a legal obligation, but also an essential pillar of constitutional democracy, equality, non-discrimination, and good governance.
The appointments therefore send a strong message regarding the State’s commitment to advancing women’s participation and leadership in national decision-making processes.
The Commission further notes that these appointments are consistent with the Constitutional principles set out in Section 13 of the Constitution of the Republic of Malawi, which obligate the State to actively promote gender equality and ensure the full participation of women in all spheres of Malawian society.
In line with its constitutional mandate, the MHRC also acknowledges its role in nominating two candidates, one woman and one man, for consideration for appointment to the Judicial Service Commission. This reflects the Commission’s continued commitment to promoting equality, inclusivity, and merit-based representation within constitutional bodies.
As the newly constituted Judicial Service Commission assumes office, the MHRC emphasizes the critical importance of the Commission’s effective delivery of its constitutional and statutory mandate. The Judicial Service Commission occupies a central role in safeguarding the integrity, independence, professionalism, and accountability of the judiciary. The effectiveness of the justice system, and public confidence in it, depend significantly on the Commission’s ability to execute its functions impartially, transparently, and with integrity.
The MHRC further urges the newly appointed members to prioritize reforms and oversight measures to improve access to justice for all people in Malawi. In its various reports on access to justice, the MHRC has consistently highlighted persistent challenges in the justice sector, including case backlogs, delays in the delivery of justice, limited access to legal services, inadequate resources within justice institutions, and barriers faced by vulnerable and marginalized groups.
The Commission therefore expects the Judicial Service Commission to play an active role in strengthening the efficiency, integrity, responsiveness, and accessibility of the justice system. A well-functioning judiciary is indispensable to the protection of human rights, the promotion of constitutionalism, and the maintenance of public trust in democratic institutions.
The MHRC further calls upon all members of the Judicial Service Commission to discharge their responsibilities independently, professionally, and in strict adherence to the Constitution, the Judicial Services Administration Act, and the principles of accountability, transparency, impartiality, and non-partisanship. The Commission must at all times uphold the highest ethical standards necessary for the administration of justice.
The Malawi Human Rights Commission remains committed to working collaboratively with all constitutional bodies and State institutions to promote human rights, gender equality, access to justice, and the rule of law in Malawi.
Once again, the MHRC congratulates the newly appointed members of the Judicial Service Commission and expresses its expectation that the Commission will contribute meaningfully towards strengthening justice delivery and public confidence in the judiciary.
Chikondi Chijozi Jere Chairperson May 8, 2026
