I am delighted this morning to be present [on August 5 2024 at Mount Soche Hotel] and to officially open a series of stakeholder engagements between and among the Judiciary, The Malawi Police Service, Scrap Metal Dealers and ESCOM that aim to discuss recent amendments to the Electricity Act.
These engagements focus on the role of magistrates, in the interpretation and application of the recently amended Electricity Act, the Police in enforcing the law and the scrap metal dealers in their supportive role to the economy of the country. The engagements are to happen in all four regions of the country. I thank the organisers for inviting me to officially open the engagement.
The Electricity Supply Corporation of Malawi Limited is a utility statutory corporation mandated to procure, transmit and distribute electricity throughout Malawi. For quite some time it has faced numerous challenges in the execution of its mandate, with vandals targeting various components of the electricity network.
Theft of electricity through illegal connections, illegal consumption and meter bypass as well as vandalizing of cables, pylons, transformers, transformer windings, copper and aluminum conductors, transformer oil and poles, among others, have resulted in huge annual losses of approximately MK7 billion.
I am informed that the recent amendments to the Electricity Act were motivated by the desire to deal with these and other challenges so as to curb the losses. I am also informed that the Act, as it previously stood, provided for low sentences. The actual sentencing trends, particularly in the magistrate courts, were dissapointly low and not deterrent.
I heard the frustrations expressed by Commissioner Noel Kayira this morning. The Electricity (Amendment) Act of 2024 assented to in May 2024 has enhanced penalties to various offences, among other issues addressed. It is the important role that the Judiciary is going to play in the interpretation and application of this amended law that has given rise to the need for the series of stakeholder engagements that have been planned for magistrates, the Police, Ministry of Justice and Scrap Metal Dealers in the country in all four regions, beginning with the one we are having today. I am sure all the participants appreciate the importance of these engagements and the need to take full advantage of the presentations and discussions that will ensue.
Your Worships, distinguished participants, criminality is a social evil that needs to be dealt with seriously so as to curb it and allow for social-economic development in a peaceful society. Criminality must not be dealt with lightly or casually. The rationale of the enhanced penalties for vandalism of electricity infrastructure is to deter offenders. Individuals who weigh the potential of the costs of the crime against the benefits of the crime before deciding to engage in criminal activity should be made to have no appetite for the criminal activity.
There must be clear disincentives to criminal activities. This means that penalties imposed by the Courts must reflect the seriousness of the offence. In the exercise of sentencing discretion within the legal framework that may be provided, magistrates have a duty to be reflective or deliberative and have sound reasons for the exercise of the sentencing discretion in any given case.
Principles of sentencing require that the Courts pass meaningful sentences that do not make a mockery of the criminal law or the criminal justice system, but do actually punish, the offender after considering all the circumstances of the offence and the offender. Sentences meted out by the Courts must be effective.
I have referred to crime as a social evil that needs to be curbed for society to peacefully enjoy social-economic development. This means that the Courts must acknowledge that they do not operate in a vacuum, but that they have a social-context in which they operate.
That is the broader view of sentencing which should never be ignored, nor minimized. All sentencing principles should be considered to ensure uniformity of approach, consistency, fairness and firmness in dealing with crime. In the present case, the sentences must respond to the seriousness of vandalism of the electricity infrastructure and theft of electricity to prevent recurrence and the negative consequences of such evil conduct.
It is my belief that at the end of this stakeholder engagement, the distinguished participants will have raised an appreciation of the content of the Electricity (Amendment) Act 2024 in order to efficiently utilize the law for the benefit of Malawi’s economy, peace and indeed the observance of the rule of law. An informed Judiciary will exhude professionalism and improve public confidence that is so vital in the administration of justice.
I will repeat here that the Malawi Judiciary is on a transformative trajectory that aims to raise the bar of excellence in the delivery of justice and judicial services. My call is to all in the Judiciary to do the utmost to enhance professionalism and perform efficiently as well as effectively in all their roles. Unduly lenient sentences on serious crimes are causes for concern and raise questions about professionalism and competence on the part of the judicial officer concerned.
On that note, I wish to take a moment to say a word about corrupt and unprofessional conduct. I am glad that Commissioner Noel Kayira also alluded to the need to resist and reject corruption in the enforcement of the Electricity Act. Such conduct must never find a place in any individuals or in the Judiciary.
It is hurtful that stories about corruption in the Judiciary, including perceptions about corruption, continue to tarnish the image of the Judiciary. This is to send yet another warning that corrupt and unprofessional behavior in the Judiciary will not be tolerated. Mechanisms have been put in place to deal with this concern. When you are called upon to do your job, do it professionally, without any elements of corruption.
As I conclude, I wish to thank ESCOM for arranging this stakeholder engagement in partnership with our Judiciary Training Committee, chaired by Honourable Justice Violet Chipao. I thank the resource persons that have been lined up to make presentations and engage with the distinguished participants in discussions. I thank Honourable Justice Zione Ntaba for agreeing to be a resource person. Let me also thank the distinguished participants for making time to come and participate in this important stakeholder engagement. While we talk about meaningful and appropriate sentences to be passed by the Courts, we must also emphasize the prevention aspect intended to be addressed by these awareness engagements.
I now declare this stakeholder engagement officially opened.
Thank you for your kind attention.