Thabo Chakaka-Nyirenda, Esq.,
Attorney General for the Republic of Malawi
Ministry of Justice
Capital Hill
Private 333
Lilongwe 3
Malawi
I wish to affirm, in the strongest terms, that the Malawi Judiciary is internationally recognised for its integrity, competence, and unwavering commitment to upholding the rule of law. Our courts have a proud track record of delivering justice impartially, efficiently, and in accordance with both domestic and international legal standards.
It is, therefore, both regrettable and unwarranted that legal proceedings concerning a matter which squarely arises within the jurisdiction of Malawi, involving Malawian claimants, and relating to alleged events that occurred on Malawian soil, are going to be initiated in a foreign court. Malawi is, therefore, the jurisdiction most intimately and materially connected to this dispute, far more so than England. The parties, the alleged events, the applicable law, and the interests at stake are all rooted in Malawi.
It is only fitting, and indeed proper, that such matters be resolved before Malawian courts, which are best placed to adjudicate disputes arising within their own social, legal, and cultural context.
There exists no justifiable reason why such a dispute should bypass the established judicial mechanisms of our sovereign nation. The decision to pursue this case in London not only undermines confidence in Malawi’s judicial institutions but also sets a troubling precedent, suggesting that justice for Malawians must be sought beyond our borders. This notion is categorically false and dismissive of the substantial capabilities and credibility of our courts.
We firmly believe that disputes affecting Malawian citizens, particularly those arising from incidents within Malawi, ought to be adjudicated by Malawian courts. This is not merely a question of jurisdictional propriety, but also one of national dignity, judicial sovereignty, and respect for the legal systems that are designed to serve our people.
Our courts remain open, independent, and fully equipped to deliver justice with fairness, transparency, and due regard to the rights of all parties. We therefore call upon all stakeholders, both domestic and international, to recognise and respect Malawi’s judicial competence in matters concerning its citizens and territory.
Pursuing legal redress abroad in such circumstances is, in our view, both unnecessary and disappointing.
Honourable Sam Kawale, Minister of Agriculture
“Illovo Sugar Malawi is a much valued and respected contributor to our economy and our communities. The company is listed on our local stock exchange, and has been part of our economy for very many years.”