Whether the law fraternity realises it or not, the ordinary people of Malawi use the law as they have known it from its public political application.
The use of Injunctions has been the most effective way in Malawian Courts. For if somebody wants something stopped, it does. (I wonder if I need an injunction to get paid my dues). The normal procedure for a court hearing through which I could paid, is tiresomely wrong and crazy especially while I already know what the person wants in delaying the payment. An injunction works for a day. Look, Malawi Law Society applies for an injunction, to stop the Injunction Bill from being discussed, it stops. Mmh. I should definitely try applying for an injunction and get paid. How can my case go around the courts for a whole year and additional months on top without the court managing to Summon the person for a hearing? Shame! Shame indeed! On top of that, to arrest the applicant. What!?
Clueless! It seems of its own law. Clueless! And useless! How can one think of investing in such an environment? It's a frustration to entrepreneureship.
Hey, lawyers and judges! Is the injunction the only law that can be used on all these cases that have been in the public courts? I think its your duty to advise your clients the law suitable for that particular resolution.
It is time NGO's considered teaching the bill of rights and the law itself. We are ignorant of many laws of Malawi due to lack of civic education concerning the laws. I think also the court structures should really be restructured.
The entry point of a court case should be equipped with someone very conversant and experienced in categorising court cases. Then each case will be registered with the appropriate resolution as provided by the law.
Currently, the registration clerks just write down what we tell them. Most of the times without understanding which in the end misrepresents what that particular client. People come to court tell their story expecting the person behind the desk will diagnose the problem according to the law and give an appropriate cure as provided by the law. It comes as a surprise you enter in court and the story sounds nothing like you expected. On top of that, to get a blame for their own mistakes. That's not the way it should go.