* The disposal of legal matters is influenced by a range of factors, including the complicity of the issues involved
* As well as interlocutory applications, adjournments by the parties and compliance with procedural requirements
By Duncan Mlanjira
The Malawi Judiciary’s Chief has defended the Supreme Court of Appeal’s long duration to pass judgement on the revocation of Finance Bank’s liquidation made by the Reserve Bank of Malawi (RBM), whose appeal case was filed in 2005 but was determined on February 3, 2026.
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In a statement from Chief Registrar, Innocent Nebi issued today, February 13, takes note questions have been raised regarding the duration of the proceedings but “the disposal of legal matters is influenced by a range of factors, including the complicity of the issues involved, interlocutory applications, adjournments by the parties and compliance with procedural requirements”.
“While the Judiciary is firmly committed to the timely administration of Justice, certain procedural safeguards and legal steps cannot be abridged without compromising fairness and due process.
“The record of this matter reflects that several interlocutory applications and procedural processes had to be resolved before the appeal could properly be determined.
The Chief Registrar emphasises that “the decision of the Supreme Court of Appeal to pronounce its decision and indicate that a fully reasoned written judgement would follow, is an acceptable judicial practice designed to minimise delay in the delivery of outcomes”.
“This approach has been adopted in a number of cases where circumstances so warrant,” says the Chief Registrar, while maintaining that the Judiciary “remains steadfast in its mandate under Section 9 of the Constitution to interpret, protect, and enforce the law impartially, and to decide cases solely on the basis of legally relevant facts and applicable legal principles”.
In his preamble, Nedi indicated that the Judiciary “does not comment on individual cases nor seek to justify its decisions outside the judgements delivered by the courts”, emphasising that “court decisions speak for themselves through written reasons”.
“However, where matters of general public concern arise in relation to the administration of justice, it is appropriate to provide clarification to promote accurate understand.”
The Registrar thus defended that the February 3 declaration by the Judiciary that the suspension of Finance Bank’s foreign currency operations and the subsequent revocation of its banking licence “were unlawful on the basis that they did not comply with the constitutional requirement of lawful and procedurally fair administrative action”.
“In essence, the Court found that the revocation of the banking licence did not meet the standards required under the Constitution.
“With respect to damages, the Court did not award a specific monetary sum. Rather, it directed that damages be assessed by the Assistant Registrar of the Supreme Court of Appeal, with interest to be payable in accordance with Section 65 of the Courts Act.
“Accordingly, any figures currently circulating in the public domain are speculative and premature,” says the statement, adding that the Judiciary “fully respects and encourages freedom of expression and does not inhibit lawful public discussion of its decision [but] at the same time, it encourages that such discussion be informed by the contents of the judgement itself and by accurate appreciation of established legal processes”.
However, on Thursday, February 11, 2026, the malawi-law-society-faulted-
In a statement issued by chairperson, Davis Njobvu and honorary secretary, Francis Ekari M’mame, MLS contends that the public reaction following Supreme Court of Appeal’s decision “presents an opportunity for reflection on the far-reaching impact of judicial decisions on litigants and the public at large”.
“Whilst the MLS acknowledges the ongoing efforts by the Judiciary to improve the pace of justice delivery in Malawi, a 12-year period to conclude an appeal is matter of serious concern.”
The MLS thus calls upon the State President to expedite the appointment of the Judicial Service Commission, and upon the Public Appointments Committee of
Parliament to appoint the Independent Complaints Commissioner for the Independent Complaints Commission of the Judiciary (ICCJ).
