Malawi Law Society (MLS) has asked for more details on the proposal to have the National Prosecution Authority (NPA) in the country, stating that it can only give meaningful input after going through the document.
MLS representatives indicated the position on Wednesday after appearing before the Legal Affairs Committee of Parliament at Parliament Building in Lilongwe where they were called to present their general view on the proposed authority.
In an interview, MLS vice-president Tusume James Mwabungulu said they would only be able to respond effectively once they have a detailed proposal on the creation of the NPA.
He said: “That will allow us to assess whether there is a need for such an authority or if the current legal framework suffices for dealing with the conduct and supervision of criminal cases.
“A detailed proposal will help us to see if there are gaps in the law and assess if those gaps can be dealt with by actualising the current law or legal framework rather than opting for a change of structures which may not provide remedy to the existing challenges and legal gaps.”
Mwabungulu said the MLS stressed to the committee that changing the laws and creating structures is not a solution in itself as the law will not enforce itself.
Meanwhile, Malawi Police Service on Tuesday cautioned against rushing to establish the authority, arguing there are several issues to be looked into for the smooth implementation of the concept.
Deputy Inspector General of Police responsible for administration Happy Mkandawire told the committee that although the police do not object to the concept, there is no need to rush into it.
Committee chairperson Albert Mbawala said they invited MLS and Police as a critical stakeholder in the prosecution of matters in Malawi to hear their views on the proposal by the Director of Public Prosecutions to establish the authority.
So far, the committee has also engaged the Anti-Corruption Bureau and the Financial Intelligence Authority which also called for the need to critically analyse if there are indeed legal gaps that can only be filled by the establishment of such an authority.
The ACB also argued that having such an authority would deprive the bureau of its prosecutory mandate.
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