Thursday, February 12, 2026
FeatureNational

Malawi Law Society Exposes the Slow Death of Justice in Malawi: Finance Bank Debacle

Five ConCourt judges who heard the DPP's election case

Yesterday, the Malawi Law Society released a public statement that speaks to a problem many Malawians already feel in their bones: justice in our courts moves far too slowly. The statement followed a major ruling by the Supreme Court of Appeal in the long-running Finance Bank case, a case that has now become a symbol of everything that is wrong with delay in the Judiciary.

For those hearing about this matter for the first time, the story is simple but troubling. Actions were taken against Finance Bank in 2005. The case went to the High Court and was only decided in 2014. An appeal was filed in 2016. Last week, in 2026, the Supreme Court of Appeal finally decided the appeal. That means this case has taken almost twenty years to reach this point. That alone should worry every citizen.

The Supreme Court of Appeal ruled in favour of Finance Bank. It set aside the High Court decision and said the actions taken by state authorities were unconstitutional and unfair. This is a very serious ruling with huge consequences. But here is the problem: the Court has so far issued only a short order. It has not yet released the full judgment explaining how and why it reached that decision.

This silence is what forced the Malawi Law Society to speak yesterday. The MLS made it clear that without a full, reasoned judgment, even lawyers cannot properly explain the decision to the public. When a court changes the outcome of such a big case, people deserve to understand the reasons. Without those reasons, rumours grow, anger rises, and trust in the courts is damaged.

Public frustration is therefore not surprising. The MLS itself points out that the appeal alone took ten years to finish. Ten years for one appeal. That is not normal. That is not acceptable. Justice that takes this long does not feel like justice. It feels like punishment by waiting.

The real question is why this keeps happening. The MLS does not accuse anyone directly, but the facts speak for themselves. A system that allows cases to drag on for decades is weak. It may lack enough judges. It may lack discipline. It may lack proper systems. Whatever the cause, the result is the same: people lose faith in the Judiciary.

This case also affects every taxpayer. The Reserve Bank of Malawi and the Ministry of Finance are public bodies. Any damages or costs ordered by the Court will be paid using public money. When courts delay cases and then make decisions without clear explanations, it is ordinary citizens who carry the cost.

That is why the MLS also calls for urgent action beyond this case. It wants the Judicial Service Commission to be appointed. It wants the Independent Complaints Commission of the Judiciary to start working. These bodies are meant to check the conduct of judges and deal with complaints. When such systems exist only on paper, there is no real accountability.

The MLS statement released yesterday is calm, but its message is sharp. It tells us that delay in the courts is not a small issue. It tells us that judgments without reasons hurt public confidence. And it tells us that without accountability, the same problems will return again and again.

The ruling has been made, but the damage caused by delay is already done. What the public now wants is simple: the full judgment, delivered quickly, and a justice system that works in years, not decades. If that does not happen, trust in the courts will continue to fall—and once lost, it is very hard to rebuild.

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