By Suleman Chitera
In the public imagination, justice is blind. In reality, she often peeks—carefully, selectively—at the size of one’s wallet, surname, and political connections.
Across courtrooms, from dusty magistrate courts to imposing High Court buildings, a troubling pattern has taken root: the poor are punished swiftly and harshly, while the rich and powerful are delayed, shielded, or quietly absolved.
The Poor: Justice on Fast-Track
For the poor, justice moves at lightning speed.
A market vendor accused of stealing maize worth a few thousand kwacha is arrested, denied bail, and paraded before court within days. Lacking money for a lawyer, they rely on overworked legal aid officers—if they are lucky to get one at all. Remand becomes punishment before conviction. Months turn into years behind bars for minor, non-violent offences.
Court records show overcrowded prisons filled largely with people awaiting trial, most of them poor, charged with petty crimes: theft, trespassing, selling goods without licenses, or defaulting on small debts criminalised through the justice system.
In these cases, the law is firm, procedural, and unforgiving.
The Rich: Justice on Pause
For the wealthy and politically connected, justice slows to a crawl.
Cases involving corruption, abuse of office, tax evasion, land grabbing, or procurement fraud drag on for years. Endless adjournments are granted on technical grounds—missing files, sick lawyers, absent witnesses. Bail is almost automatic. Accused persons walk free, attend social events, and continue holding influential positions while their cases gather dust.
Some files mysteriously disappear. Others are withdrawn for “lack of evidence,” even when audit reports, whistleblower testimonies, and public documentation exist.
In certain instances, cases collapse not because the accused is innocent, but because the prosecution is under-resourced, intimidated, or compromised.
Two Laws, One Country
What emerges is a dual justice system:
- One law for the poor: swift arrests, denial of bail, prolonged remand, and harsh sentences.
- Another law for the rich: delays, legal maneuvering, political pressure, and quiet exits.
Legal experts interviewed for this investigation point to systemic inequality rather than isolated failures. The cost of hiring top lawyers, filing endless applications, and influencing investigative processes creates an uneven playing field long before a judge delivers a verdict.
“The law may be written equally,” said one senior advocate who requested anonymity, “but access to justice is deeply unequal.”
Fear, Pressure, and Silence
Judicial officers themselves operate under pressure.
Some magistrates privately admit fear of handling politically sensitive cases. Promotions, transfers, or disciplinary actions can hinge on decisions that displease powerful figures. Prosecutors face similar risks, often choosing self-preservation over confrontation.
Meanwhile, the poor have no leverage—no connections to call, no media teams, no political shields. Their silence is enforced by poverty.
The Cost to Society
This imbalance has consequences far beyond individual cases.
Public trust in the judiciary is eroding. Communities increasingly believe that courts exist not to deliver justice, but to protect privilege. This perception fuels anger, vigilantism, and disregard for the rule of law.
When citizens lose faith in formal justice systems, democracy itself weakens.
The Question That Remains
The judiciary is meant to be the last refuge of the powerless. When it instead becomes a fortress for the powerful, injustice is no longer accidental—it is structural.
The question is no longer whether the poor are punished and the rich saved. The evidence suggests they are.
The real question is this:
Who will judge a system that refuses to judge itself?
