Financial crimes choke high court

The High Court’s Financial and Economic Crimes Division is drowning in its own caseload, a Weekend Nation analysis of the Judiciary Annual Report 2025/26 shows.

According to the report, new cases jumped 117 percent— from 42 in 2024 to 91 in 2025—the steepest rise among the High Court’s six specialised divisions.

But concluded cases inched up from just 36 to 39—an 8.3 percent rise that widened the gap between intake and output, raising questions about whether the division has enough judges and support staff to deliver timely justice.

The figures cover criminal and civil matters involving f inancial and economic offences.

By comparison, registrations in the Revenue Division fell 55.6 percent, from 18 to eight.

The Civil Division registered 1,560 cases in 2024, compared with 1,061 in 2025, representing a 31.99 percent decline while the Family and Probate Division registered 1,086 cases in 2025, but the report does not provide comparable figures for 2024.

For the Criminal Division, it registered an increase of 8.56 having recorded 3,073 cases in 2024 against 3,336 in 2025. The Commercial Division recorded 474 cases in 2024, rising to 585

in 2025 representing a 23.42 percent increase.

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Financial crimes analyst and private practice lawyer Yankho Kawalewale said the surge could reflect either a rise in financial crime or stronger detection and prosecution during the period under review.

“For starters, it could mean more people in 2025 committed various financial crimes, whether through fraud, money laundering or others. If that is the case, the increase in court cases may reflect a growing problem in the economy and the country,” he said.

Kawalewale however said the increase could also indicate that investigative agencies were detecting more suspicious transactions, conducting investigations and referring cases for prosecution.

He cited the establishment and strengthening of the Fi nanci a l Intel l igence Authority (FIA) as a possible factor behind the rise in cases reaching the courts.

In 2023, Par l iament passed the Financial Crimes (Amendment) Bill 2023, to close legal loopholes, explicitly define “funds” and criminalize the funding of individuals travelling abroad for terrorist activities.

The division has three judges—Redson Kapindu, Violet Chipao and Anneline Kanthambi—whi le the Revenue Div ision has two: Joseph Chigona and Chimbizgani Kacheche.

“The unfortunate truth is that the increase in registrations does not automat ical ly correspond with the number of cases concluded within the same period,” Kawalewale said, stressing the need to compare new registrations with concluded cases to assess the courts’ performance.

In a written response, ACB senior public relations officer Jacqueline Ngongonda said financial crimes covered a wider range of offences than those investigated by the bureau.

National Anti-Corruption Alliance (Naca) chairperson Michael Kaiyatsa said the increase in financial crimes cases suggests that more

cases are being brought before the courts.

“This could reflect increased detection and reporting of financial crimes, stronger investigations and prosecutions, or improved capacity within the Judiciary to handle such cases.”

The trend comes amid a broader increase in the Judiciary’s workload. Chief Justice Rizine Mzikamanda recently said the courts registered 75 866 cases between January and December 2025, up 14.72 percent from 66 129 in 2024.

Speaking at the opening of the 2026/2027 Judicial Calendar in Blantyre, Mzikamanda said the courts concluded 45 101 cases in 2025, a 59.4 percent increase from 28 294 the previous year. The case clearance rate consequently rose from 42.79 percent to 59.45 percent.

The Financial Crimes Division is one of six specialised divisions established within the High Court to improve judicial service delivery. It was established under the Courts (Amendment) Act No. 36 of 2022, which came into force on November 18 2022, and was officially launched in May 2024.

Under the Courts Act, financial crime matters include criminal charges arising from specified financial laws, including the Financial Crimes Act, the Corrupt Practices Act, relevant provisions of the Penal Code and financial services legislation.

The Revenue Division handles civil and criminal matters involving taxes, duties, fees, levies, fines and other payments imposed or collected under laws specified in the Malawi Revenue Authority Act.

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