The Malawi Judiciary has initiated its capacity building trainings on competition law, in collaboration with the COMESA Competition Commission and the Judiciary Training Institute of Malawi.

The workshops aim to equip judges with the knowledge and skills necessary to effectively handle competition cases, with the first in the series held last week.

In his opening remarks at the Salima training, Chief Justice, Rizine Mzikamanda, emphasized the importance of continuous judicial capacity building, citing its strategic goals of strengthened service delivery and institutional framework.

"Training in the judiciary of Malawi is governed by the Judiciary Training and Development Policy.

"It is thus important that the judiciary continuously builds its skill set on an ongoing basis and adopts an attitude of responsiveness so as to respond to changing circumstances which affect the delivery of justice," he said.

The Chief Justice said the judiciary plays a critical role in interpreting and enforcing competition laws.

"The judiciary plays a key role in almost all aspects of the enforcement of competition laws," he noted. "This points towards the key role of the judiciary in interpreting and enforcing competition laws with respect to the laws within Malawi."

Dr. Willard Mwemba, Chief Executive Officer of the COMESA Competition Commission, echoed this sentiment, emphasizing the judiciary's role in ensuring competition authorities remain accountable.

"The courts have a role to support competition and fair trade institutions in the COMESA region, where there is a high concentration of companies with monopolistic powers," Dr. Mwemba said in an interview.

Regional Integration

Chief Justice Mzikamanda said that individuals and companies are dissatisfied with a Supreme Court ruling on trade and competition matters have the right to appeal to the COMESA Court.

COMESA, a regional commerce grouping of countries in East and Southern Africa, has a special court to hear trade and competition disputes that have failed to be resolved in national courts. 

Malawi is a member of COMESA, and if someone is dissatisfied with the ruling of local courts can seek intervention of the regional court, said Mzikamanda. 

According to Dr Mwemba, the regional court's role is critical in the COMESA region where, he said, there are many companies with monopolistic powers.

"You see, the economies of our region are small; so you have these very few but big and powerful companies that tend to dominate in different sectors. You need effective laws and well-informed judicial officers to ensure consumers are not exploited," he said.

The workshop brought together judges and experts from COMESA Member States, including Ethiopia, Kenya, Zambia, and Zimbabwe,  providing a platform for knowledge sharing and discussion.

By enhancing regional coordination in adjudicating competition and consumer protection cases, the COMESA Competition Commission aim to promote fair trade and protect consumer rights.