Civil Procedures rules to speed up court cases

By Robert Kumwenda

There have been delays in handling court cases in most courts a development which has been worrying many Malawians in as far as the issue of justice is concerned.

Many human rights activists and other organizations have also accused the courts in taking time to deliver justice a thing that led the court to have a balk of cases.

But this seems to be a thing of the past with the coming in of the civil procedures rules. According to John Suzi Banda who is the President of Malawi Law Society (MLS ( the Bill seeks to amend the court act  (cap 3.02( to provide for the establishment of specialized divisions of the High Court; to remove all references to the civil procedures law applicable in England and Wales and to clarify the power of the Chief Justice to promulgate new rules of civil procedure applicable before the High Court in the exercise of his powers under section 67 of the Courts Act.

 “Recently Parliament passed an amendment the court acts, previously the High Court was using the civil procedures rules used in England and Wales drafted in 1963. These procedures have little relevance in our country hence the reason to have our own civil procedures rules,” he said.

Banda said the new Civil Procedures Rules will increase accountability of delivering of justice for Judges and they are user friendly for Malawi as they will increase the cost of litigation.

He further said that as Malawi Law Society (MLS (they are happy that Malawi should have its own Civil Procedure Rules.

Concurring with Banda Justice Frank Kapanda Sc who is the Chairperson of the Civil Procedures Rules he said the new procedures have two things one to speed up the delivering of justice and make the courts more accountable.

“The Civil Procedures Rules will force the Judge to give ruling within ninety days after the case has been handled as such there will be no more sitting back on cases as it was used before,” he said.

Justice Kapanda added that when the case is over it should not take more than ninety days before a judge makes a ruling.

The purpose of the Bill mis to amend sections 2, 7, 8, 29, 30, and 67 of the Courts Act. The Bill further introduces a new section, section 6a into the Act.

The Bill has not been assented  to Law by the President.