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MALAWI JUDICIARY: A Reputation in Crisis

Edward Mponda

 




The Malawi judiciary is facing an unprecedented reputational crisis, triggered by Alexious Kamangila's exposé of judicial misconduct. Whether the approach is right or not is a matter of another surgical exploration someday. Some consider this approach as reinforcing mindset change, the revolutionary way. Kamangila's intent, he insists, is not to damage reputations but to reclaim the judiciary's integrity. This seismic event has sparked a national conversation, eroding public trust and confidence in the institution. This too is a reputation crisis on the leadership in the establishment. Allegations of inaction have surfaced, raising questions about the leadership’s ability to enforce discipline and restore order within the system. 

 

The crisis continues to unfold like a slow-burning fire, fuelled by allegations of corruption, nepotism, favouritism, court files vanishing into thin air and judgments pending for over a decade. The judiciary's leadership initial silence allowed the situation to escalate, permitting the narrative to be shaped by the public. Their late (perceived) inconclusive response has already created doubt in the minds of many Malawians – most who have come forward with an avalanche of testimonies and evidence as 'victims' of the courts and the justice system (real or perceived). This reactive approach created a vacuum, enabling stakeholders to fill the information void with speculation and criticism. The public dissatisfaction with published statements, when it came out, leaves many drooling for more. Equally, the fact that parliamentary committee on legal affairs does not have certain procedures in place exposes an infantile and laissez faire approach to matters of such national significance - begging for more to be done as a nation.

 

Most leaders perceive crisis moments as catalyst for problems and their imminent downfall - and not as an opportunity for resetting, relearning, and creating fresh starts. This crisis presents that opportunity now, and the buck stops with the leadership in the judicial establishment. They ought to take responsibility and explain clearly and concisely how they view act of corruption in the system - real or perceived, and how they will continue galvanising not only the judiciary but the overall legal fraternity on professionalism and ethical conduct. In crisis management, this is a classic case of "issue escalation," where an organization's failure to address a problem promptly allows it to metastasize into a full-blown reputational crisis. The judiciary's long inaction has enabled the crisis to transition from a "reputation threat" to a "reputation crisis," characterized by widespread stakeholder disaffection and loss of legitimacy. It will not be surprising if this turns into a campaign with people physically on the ground – not what most would phathom given the time of the year. 

 

We must face reality that the judiciary will no longer ring-fence itself from scrutiny. The  leadership must recognize that its reputation is intricately linked to the public's perception of its integrity, impartiality, and effectiveness. Reputation management principles dictate that organizations must prioritize transparency, accountability, and stakeholder engagement during crises. I have a strong belief that the leadership in the judicial establishment holds the latitude to resolving this matter before it turns into a long-standing national campaign. To mitigate this crisis, the judiciary should adopt a ‘proactive’, ‘stakeholder-centric’ approach. This entails:

 

•⁠  ⁠Conducting an urgent, credible, and transparent investigation into the allegations,

with known timelines

•⁠  ⁠Communicating findings and actions taken, to stakeholders

•⁠  ⁠Implementing reforms to address systemic vulnerabilities

•⁠  ⁠Engaging stakeholders through open dialogue and participatory processes

•⁠  ⁠Demonstrating a commitment to accountability and zero tolerance for misconduct

(real or perceived)

 

The judiciary's leadership must acknowledge that reputation recovery requires a long-term, sustained effort. The best is to start preparing what the future looks like and allow actions that demonstrate the desire to recoup public trust and rebuild its damaged reputation. This involves fostering a culture of transparency, professionalism, and accountability, as well as investing in stakeholder relationships and communication infrastructure. 

 

Ultimately, the judiciary's ongoing response and actions to this crisis will determine its reputational trajectory. By embracing crisis management best practices and prioritizing stakeholder engagement, the establishment can begin to rebuild trust, restore its reputation, and reaffirm its legitimacy in the eyes of the public.

 

The time for action is now. Will the leadership rise to the challenge, or will the judiciary's reputation continue to spiral down the rabbit hole?



 

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