By a Concerned Citizen of Malawi
—Willard Mhone
Malawians must pause and ask a question that goes to the heart of national survival: how can a court order MWK 4 trillion to be paid to a private bank from public resources when the country is already bleeding from economic losses estimated at MWK 2.007 trillion?
This is not a technical footnote. It is an existential issue.
At a time when hospitals run short of essential medicines, classrooms are overcrowded, and families are crushed by inflation, MWK 4 trillion is not an abstract figure. It is not “free money.” It is taxes collected from the poor, schools never built, hospitals left underfunded, and more borrowing that fuels inflation and currency instability.
Let us be clear on first principles. The Reserve Bank of Malawi (RBM) is a regulator, not an insurer of private banks. Its statutory duty is to supervise, regulate, and—where necessary—intervene to protect the integrity of the financial system and depositors. If regulators are punished for doing exactly what the law requires, a dangerous precedent is set.
Who will protect Malawi’s financial system tomorrow?
If every regulatory action carries the risk of catastrophic liability, regulators will freeze. Supervision will weaken. Risk will multiply. And when the next banking crisis erupts, it will be ordinary Malawians—not executives or shareholders—who pay the price.
Some will argue that a judgment, once issued, must be respected. That is true. But legality alone is not enough. In a constitutional democracy, justice must also be:
- Proportionate
- Economically responsible
- Constitutionally balanced
A ruling can be lawful yet still devastating to the public interest if it ignores macroeconomic reality and the constitutional duty to safeguard public finance.
Let us speak plainly about what MWK 4 trillion means in real life:
- Fewer medicines in public hospitals
- Fewer schools and teachers
- Higher taxes and reckless borrowing
- Deeper poverty and prolonged suffering for ordinary Malawians
This is not an attack on the Judiciary. It is a defence of the people.
In fact, the Constitution does not place the burden of protecting public resources on the courts alone. Parliament has a clear oversight mandate. When a single judgment creates a contingent liability so massive that it threatens fiscal stability, Parliament must act—scrutinise, interrogate, and demand accountability.
Silence would be dereliction of duty.
Parliament must ask the hard questions:
- How does this liability align with national budget realities?
- What precedent does it set for financial regulation?
- Who ultimately bears the cost, and was the public interest adequately weighed?
Public finance must be protected. Citizens must come first.
Malawians did not cause this dispute. They did not sign the contracts. They did not manage the bank. Yet they are being asked to pay the bill—a bill so large it risks mortgaging the nation’s future.
Justice must uphold the rule of law, yes—but justice must never bankrupt the nation.
This is a moment for courage, constitutional responsibility, and leadership. Parliament of Malawi, this is your duty.
