Inside Malawi’s Uneven Justice System
By Suleman Chitera | Malawi Freedom Network
Malawi’s justice system is under intense scrutiny as new findings reveal deep inconsistencies in how offences are treated, particularly between ordinary citizens and individuals accused of corruption or financial crimes.
An investigation by Malawi Freedom Network has established that while suspects in serious offences such as defilement and wildlife trafficking face swift arrests and almost automatic denial of bail, individuals implicated in grand corruption routinely walk free within hours — even when billions of public funds are involved.
Swift Justice for the Poor, Hard Crimes
At police stations in Blantyre, Lilongwe, and Mangochi, officers consistently described sexual offences and wildlife crimes as “non-negotiable.”
“These cases move fast,” said one senior police officer, speaking on condition of anonymity. “Defilement, rape, or possession of pangolin — you don’t expect bail. The courts and the public will not tolerate it.”
Court documents reviewed show that bail is rarely granted in cases involving the killing or trafficking of pangolins, an endangered species protected under the Wildlife Act. Likewise, suspects in defilement cases often stay in custody throughout trial.
“These are serious crimes,” a magistrate in Zomba said. “The law is strict.”
Corruption — Treated Like a Minor Offence?
But when it comes to corruption, the tone changes. Dramatically.
Even in cases where billions of kwacha have allegedly been siphoned from government accounts, suspects are often released on bail on the same day — sometimes before the ink dries on the charge sheet.
One prosecutor confessed,
“You can loot an entire ministry, and still walk out on bail. The law becomes soft once money and influence come into play.”
Several high-profile corruption suspects, including former government officials and business tycoons, have continued to enjoy their freedom while their cases drag on for years.
A court clerk in Lilongwe told us,
“Corruption cases collapse because powerful people know how to use the system. By the time the case is heard, files disappear, witnesses relocate, or the public has forgotten.”
Two Systems — One for the Poor, One for the Powerful
Legal analysts say structural inequality is at the heart of the problem.
The Centre for Legal Assistance (CLA) noted in an interview that poor Malawians accused of petty crimes often remain in prison for months without trial.
“You can steal a chicken and spend a year on remand,” said a CLA legal advocate.
“But someone who stole money meant for hospitals and schoolchildren returns home the same day because they can afford brilliant lawyers.”
Families in rural areas told Malawi Freedom Network that they have lost faith in a system they feel is built on privilege.
A Broken Chain of Justice
Experts point to the following systemic weaknesses:
Poorly funded investigations
Weak prosecutorial capacity
Corruption within the justice chain
Political interference in sensitive cases
Slow courts enabling “justice by delay”
A retired judge bluntly summarized the situation:
“In Malawi, justice is available — but only to those who can afford it.”
Public Demands Answers
At a market in Mchinji, a trader named Mary Banda asked the question many Malawians are now echoing:
“Where has justice gone? If someone who steals from all of us is treated as innocent, what future do we have as a country?”
The justice system is meant to be the great equalizer. But as things stand, its inconsistencies are fuelling public anger and widening the trust deficit between citizens and the institutions meant to protect them.
Until Malawi establishes a truly impartial and consistent judicial process, corruption will continue to flourish — and ordinary citizens will remain the biggest victims.
