Law Students at Catholic University in Malawi Urged to Give Legal Aid to Wrongly Accused Prisoners during Jubilee Year

On his part, lawyer Noel Chalamanda, the facilitator of the training, pledged his commitment to join the challenge of helping prisoners pro bono, saying, “I will take on ten cases in this challenge and only require assistance from the students with the paperwork.”

The April 3 report indicates that Malawi faces challenges related to arrests for nuisance-related offenses and inadequate investigations, often affecting impoverished individuals. These factors contribute to overcrowding in police cells and prisons.

The report further says that the southern African nation’s criminal justice system has also been criticized for delays and mishandling of cases, reflecting broader systemic failures

According to the report by the Centre for Human Rights Education Advice and Assistance (CHREAA) individuals from low-income backgrounds are said to frequently encounter significant barriers within the criminal justice system, primarily due to arrests stemming from inadequate investigations. These challenges contribute to the overcrowding of police cells and prisons.

Despite constitutional provisions and legal reforms aimed at ensuring the right to legal representation for all citizens, practical implementation remains deficient, the report says.

A substantial portion of Malawi's population reportedly resides in rural areas where access to functional legal institutions is notably limited. For many villagers, the nearest district court is located 25 to 40 kilometers away.

The government's allocation for legal aid is insufficient to meet the needs of indigent citizens, rendering adequate defense unattainable for most defendants.

In October 2023, the Malawi Law Society (MLS) and the Legal Aid Bureau (LAB) reportedly launched a nationwide pro bono legal services scheme under the theme “Enhancing access to justice through increased provision of pro-bono legal services in Malawi.”

The initiative mandates that each legal practitioner perform at least 24 hours of pro bono work annually, aiming to bridge the gap in legal representation for underprivileged individuals.