Establishment

The Ministry of Justice, just like all other Ministries and Government Departments, exist by virtue of the general power vested in the President of  Malawi under sections 93 and 94 of the Constitution to appoint Cabinet Ministers and Deputy Ministers who are  responsible for running Government Departments, Government Ministries and Departments are not created by statute.

While the Ministry is responsible for the legal sector including the administration of justice, it does not direct, control or otherwise supervise the functions of courts.  The Ministry is an integral part of the executive branch of the Government.  Courts are an integral part of the Judicial branch (Judiciary) of the Government whereas Parliament forms the legislative branch of the Government.  In terms of sections 7, 8 and 9 of the Constitution, the three branches of the Government are separate from and operate independently of each other.  However, they are subject to the principle of checks and balances also enshrined in the Constitution to ensure that none of them exceeds its powers in the performance of its functions.  Communication on matters concerning the Judiciary or Parliament should be sent to the Registrar of the High Court or the Clerk of Parliament, as the case may be, and not to the Ministry of Justice and Constitutional Affairs as many tend to do.

Responsibilities

The responsibilities of the Ministry of Justice include, among other things, the proper prosecution of persons accused of crimes; the giving of legal advice to all Ministries and Departments of the Government; the drafting of principal and subsidiary legislation on behalf of the Government; the conduct of all legal matters on behalf of the Government including civil litigation brought by or against the Government; and the provision of legal aid to deserving members of the public who cannot afford the costs of private legal representation.  The Ministry is also responsible for the administration of the Department of the Registrar General and the Department of Administrator General.  Until recently it was also responsible for the administration of the Prison Department before it reverted back to the Ministry of Home Affairs.

Objective and Strategic Plan

The Ministry aims to enhance its institutional capacity in order to fulfill its mission.  In order to achieve this objective, the Ministry, with financial assistance from the European Union under the Rule of Law Programme, is currently reviewing its management with a view to introducing improved and effective strategies for enhancing its performance.  It is expected that the review will also address the specific needs and concerns of the staff of the Ministry particularly lawyers because they perform the core functions of the Ministry.  The review is being conducted on behalf of the Ministry by Delloittes and Touche Management Consultants Limited.  It is hoped that the findings and recommendations of the Consultants will be considered and, hopefully, approved by the Government and that these will be incorporated in a comprehensive Strategic Plan for the Ministry.  The finalization of the Strategic Plan, therefore, depends on the outcome of the review.