Following a similar decision by British Courts to dump the Colonial Wigs, the Malawian Constitutional Court has ruled to suspend the requirements for lawyers and judges to wear the traditional white wigs and black robes in the courtroom even as an early season heat wave is sweeping through the country. Over the decades, many lawyers and professionals from former British colonies have questioned the continued use of the wigs and gowns by both lawyers and judges in courts across the former colonies that make up the Commonwealth. While some countries have dumped the tradition, others have continued to carry on with it.

The history of the courtroom dress of British judges and lawyers of wearing a white wig and a robe dates back to the 17th century and not much of the uniform has changed since. History has it that in 1625, an academic paper called The Discourse on Robes and Apparel forever changed the way British high court officials dressed. This work led to the adoption of the robe and wig as the courtroom uniform to distinguish judges and barristers from other members of society.

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The Discourse on Robes and Apparel not only dictated what could be worn in a court of law, but the conditions and even seasons for each outfit, as well. Courtroom wear isn’t just boring black and white. Seasons and the type of case determine the color and style of robe judges wear. Robes of violet, green, black, and scarlet have served different purposes through the years, though the color requirements have fluctuated many times in the last few centuries.

The fashion trends of the 17th century helped wigs work their way into courtrooms. The headpieces were fully adopted as proper legal wear by 1685 and came with just as many strict rules as robes. Today, both judges and barristers wear wigs, but each has their own style all across most of the former British colonies of the commonwealth. But some countries have started dropping the tradition with Malawi being the last to take that decision. Malawi, a former British protectorate, still follows the British legal system, with the wearing of wigs and robes a requirement for judges and lawyers. However, the heatwave this that swept across the country means that the gowns and wigs were uncomfortable.

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Speaking on the development, Chikosa Silungwe, a Malawian lawyer said that the heatwave was making the court’s work challenging. “It’s simple really. The heatwave this week meant that the gowns and wigs were uncomfortable,” he said. Agnes Patemba, the registrar for the country’s high court and a judicial spokeswoman, said the lifting of the wig and gown requirement, is however, a temporary measure.

“There is a heatwave and that has compelled the court to indeed do away with wigs and gowns. It is not the first time this has been done,” Patemba said.

Kelechi Deca

Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.