By Suleman Chitera
In Malawi, justice is supposed to be blind. But on the ground, it appears to be looking very closely at a person’s wealth, status, and political connections.
A quiet investigation by this publication has revealed a troubling pattern: powerful individuals accused of serious crimes walk free, while poor Malawians are jailed for minor offences.
Big Crimes, Soft Treatment
Over the years, several high-profile cases involving theft of public funds, corruption, and unexplained wealth by politicians have made headlines. Millions — sometimes billions — of kwacha disappear from government systems, yet few of the powerful suspects ever see the inside of a prison cell.
Instead, they are granted bail quickly. Their cases drag on in court for years, propped up by expensive lawyers and endless legal applications. Some cases mysteriously collapse. Others simply fade from public attention.
“They steal from hospitals, schools, and roads, but nothing happens to them,” said a civil society activist who asked for anonymity for safety reasons.
Harsh Reality for the Poor
While the rich walk freely, the poor face a harsher reality.
Our investigation found that poor suspects, often arrested for petty crimes such as stealing food, chickens, bicycles, or small cash amounts, are treated brutally by law enforcement.
Multiple witnesses reported that police beat and humiliate poor suspects during arrests.
“They tied his hands behind his back and beat him in the open,” said a woman from Lilongwe whose neighbour was arrested for stealing maize flour.
Unlike wealthy suspects, poor defendants are rarely granted bail. Many cannot afford lawyers. Cases are fast-tracked — not to deliver justice, but to fill prison cells.
Courts That Delay for the Powerful
Court records show that cases involving wealthy or politically connected individuals are often postponed repeatedly.
Reasons given include:
“Further investigations required”
“Lawyer unavailable”
“Court congested”
For poor suspects, such leniency does not exist.
“They don’t even listen to you,” said a former inmate. “You stand there, you are sentenced, and that is all.”
Prisons Full of the Poor
Malawi’s prisons are now overcrowded — not because dangerous criminals dominate the cells, but because poor people convicted of minor crimes are locked away for long periods.
According to prison sources, many inmates are serving sentences for offences that would normally attract fines or community service in a fair system.
Meanwhile, suspects accused of looting national resources sleep in their homes, travel freely, and continue active political lives.
A System in Crisis
Legal experts argue that the problem is not the absence of laws, but the selective application of those laws.
“When justice is sold to the highest bidder, the rule of law collapses,” said one legal scholar.
As Malawians struggle with poverty, unemployment, and weak public services, many citizens are asking hard questions:
Who protects the poor?
Who holds the powerful accountable?
And who will fix a justice system that appears designed to punish poverty rather than crime?
Until those questions are answered, justice in Malawi will remain a privilege — not a right.
