By Suleman Chitera
Across Malawi, a growing sense of injustice is taking root. From crowded townships to rural trading centres, citizens increasingly believe that the justice system serves those with money and political power, while ordinary people face swift punishment and prolonged suffering. Court corridors echo with a familiar complaint: the law appears elastic for the rich and rigid for the poor.
This investigation examines why public confidence in the courts is eroding, how economic and political power shapes outcomes, and what reforms are urgently needed to restore trust.
A Pattern of Unequal Justice
Interviews with defendants, lawyers, court clerks, and civil society monitors reveal a consistent pattern. High-profile suspects—often wealthy businesspeople or politically connected figures—frequently secure bail within hours, file repeated interlocutory applications that stall proceedings, or see cases collapse due to “lack of evidence.” Meanwhile, poor defendants accused of minor offences remain in remand for months or even years, unable to afford bail, legal representation, or transport to court.
Court records reviewed for this investigation show extended pre-trial detention in petty cases such as theft of small goods, trespass, or public order offences. In contrast, complex corruption and financial crime cases involving large sums often experience repeated adjournments, procedural delays, or unexplained withdrawals.
A senior legal practitioner, speaking on condition of anonymity, described the system bluntly:
“Justice in Malawi has a price tag. If you can pay for top lawyers and know who to call, the law moves slowly. If you are poor, it moves fast—and harshly.”
Bail as a Privilege, Not a Right
Bail is legally presumed for most offences, yet in practice it has become a privilege. Magistrates routinely cite “flight risk” or “interference with investigations” when denying bail to poor suspects, even in minor cases. At the same time, well-connected suspects facing serious charges are often released under lenient conditions.
Families of remandees told this investigation that they are forced to sell livestock, land, or household assets to raise money for sureties, transport, and informal “facilitation” costs. Those who cannot raise funds simply wait behind bars, presumed innocent but punished in advance.
Political Pressure and Selective Prosecution
Beyond wealth, political affiliation appears to play a decisive role. Several cases involving opposition activists or critics of powerful figures have moved with unusual speed, resulting in arrests, denied bail, and expedited trials. Conversely, allegations involving ruling party affiliates often languish.
Former prosecutors and investigators allege quiet interference in sensitive cases, including pressure to delay files, weaken charges, or withdraw prosecutions altogether. While such claims are difficult to prove conclusively, the consistency of testimonies raises serious concerns about judicial independence.
A civil society monitor noted:
“When the courts are seen as an extension of political power, people stop believing in justice and start believing in survival.”
Corruption Allegations Within the System
Corruption—real or perceived—remains a central driver of mistrust. Litigants and lawyers allege bribery at multiple levels: from missing files and manipulated hearing dates to favorable rulings. Even when unproven, these perceptions are damaging.
The lack of transparent case tracking systems, inconsistent publication of rulings, and weak disciplinary action against judicial officers accused of misconduct all contribute to suspicion.
The Human Cost
The consequences are severe. Overcrowded prisons fill with remandees who have not been convicted. Breadwinners lose jobs, families sink deeper into poverty, and communities learn a dangerous lesson: the law does not protect the poor.
This erosion of trust fuels vigilantism, corruption, and political instability. When citizens believe courts are biased, they disengage from lawful processes and seek justice elsewhere.
What Must Change
Restoring confidence in the judiciary will require decisive action:
- Equal Bail Enforcement: Clear, enforceable guidelines to ensure bail decisions are consistent and transparent.
- Speedy Trials: Strict limits on adjournments and stronger case management to prevent deliberate delays.
- Judicial Accountability: Independent oversight bodies with real power to investigate and sanction misconduct.
- Legal Aid Expansion: Adequate funding for legal aid so poverty does not determine outcomes.
- Transparency: Public access to judgments, case progress, and reasons for withdrawals or dismissals.
- Political Non-Interference: Firm safeguards to protect courts from executive and partisan pressure.
A Judiciary at a Crossroads
The courts remain a cornerstone of democracy. But in Malawi, that cornerstone is cracking under the weight of inequality and political influence. Without urgent reform, the justice system risks losing its legitimacy entirely.
For many Malawians, the question is no longer whether justice is blind—but whether it is for sale.
