Advancing Environmental Justice

In a quest to equip judicial officers on matters of environmental law, the Judiciary yesterday held a capacity building program in collaboration with UNDP.

In his speech as guest of honour, Chief Justice of the Republic of Malawi, Rizine Robert Mzikamanda SC, hinted on how matters of environmental justice are no longer exclusively in the province of environmental activists.

“Judiciaries across the globe and the continent are paying particular attention to matters of environmental justice with some establishing specialized courts or tribunals or Divisions of the High Court,” said Chief Justice Mzikamanda. He added that Malawi, just like many other countries on the continent, has taken bold steps to guarantee access of justice on environmental matters even in the absence of specialized courts or tribunals, or a Division of the High Court.

The Chief Justice stated that the role of the courts in advancing environmental justice in modern times cannot be overstated. “The courts provide a platform for marginalized communities to voice grievances, enforce accountability, and uphold environmental rights. As environmental challenges become increasingly complex, judges must keep pace with fast-changing developments in environmental law and science to ensure justice and accountability,” added Chief Justice Mzikamanda.

According to Justice Violet Chipao, Chairperson of the Judiciary Training Committee, the workshop was conceptualised after recognising the critical role of the judiciary in promoting environmental justice and the central role of continuous judicial training.

“As an adjudicator, the Judiciary makes a central contribution to environmental justice by interpreting and enforcing environmental laws, resolving disputes across administrative, civil, and criminal contexts, and providing integrated legal oversight,” said Justice Chipao.

She added that these implications highlight the key role the Judiciary plays in holding perpetrators accountable and ensuring justice for affected communities.  

UNDP Portfolio Manager for Governance, Nanise Saune-Qaloewai highlighted on the rapidly evolving and challenging environmental landscape, and the Judiciary’s central and indispensable role. “The Judiciary is tasked with interpreting and enforcing environmental laws, resolving complex disputes, and critically, holding perpetrators accountable and ensuring justice for affected communities. To perform this role effectively, judges need specialised expertise and tailored support to contribute to the response to environmental crises,” said Saune-Qaloewai.

The capacity building workshop was attended by Justices of the Supreme Court of Appeal and of the High Court, and Chief Resident Magistrates.

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