Review of Traditional Courts Act

Work under the programme commenced in 2004 and has been carried out by the Commission on Criminal Justice Reforms though the issues went beyond criminal justice per se. The reforms are aimed at reintroducing primary courts to dispense justice at the grassroots taking into account the limitations of magistrate courts in terms of accessibility and availability. The reforms have also taken cognizance of the requirements of the Constitution in terms of status and jurisdiction to ensure that no parallel legal system is created as was the position prior to 1994.

In particular, the reforms suggest that the courts should exist under a new name of "Local Courts" to avoid the stigma associated with Traditional Courts but to continue to be presided over by lay persons with the assistance of assessors where necessary. Further, the jurisdiction of these courts should be limited to the extent that in civil matters it should extend exclusively to only civil cases at customary law and in criminal matters to minor statutory offences.

However, the reforms suggest excluding certain matters, though falling properly under the jurisdiction of these courts, for various reasons. Such matters include those involving inheritance, custody of children, witchcraft, land disputes and distribution of matrimonial property.

Chairperson of Commission
Honourable Justice Edward Twea, Judiciary

Programme Officers
Janet L. Banda (Mrs)
Peter Chiniko

Commissioners

• Honourable Justice Elton Singini, Law Commissioner
• Honourable Justice Anaclet Chipeta, Judiciary
• Honourable Jusitce Jane Chombo, Judiciary
• Honourable Ivy Kamanga, Judiciary
• His Worship Ken Manda, Judiciary
• Mr. Gustav Kaliwo, Malawi Law Society
• Mr. Ishmael Wadi, Director of Public Prosecutions
• Mr Enock Chibwana, Ombudsman
  

Period of Work
2004 - 2006

Donors
Department for International Development (DFID) of the British Government