By Redson Kandozi
In a new revelation, it has come to light that many individuals facing legal troubles in Malawi are not informed about their right to legal counsel, a crucial element that could drastically impact their access to justice.
In a recent interview with Senior Magistrate Issah Maulidi of Mzuzu High Court, it became evident that, despite the legal system clearly stating the right to a legal representative, individuals who are arrested are not informed of this right.
“They aren’t told they have that right. They are only told that they have the right to remain silent,” Maulidi emphasized.
“This lack of communication has serious consequences, as many individuals find themselves in prison due to the lack of legal representation in court, ultimately compromising their ability to defend themselves,
The situation is further exacerbated by the overwhelming caseload of the Malawi Legal Aid Bureau, rendering them unable to represent everyone in need,” added Maulidi.
Counsel Mclean Mkandawire, a legal expert, expressed grave concern over the issue.
“The right to have an attorney’s freedom is being breached. So many people who did nothing wrong are in our prisons just because they lacked someone who understands the law to represent them.” Said Mkandawire.
He emphasized that a lack of awareness of this right, combined with the limited capacity of the legal aid bureau, is creating a justice gap that disproportionately affects the less privileged.
One striking case that highlights the severity of the issue involves a male student from Lilongwe University of Agriculture and Natural Resources (LUANAR), who was sentenced to 35 years in prison for poisoning a motorcycle driver and theft of a motorbike in Mzuzu.
The accused pleaded guilty to the charges but did not have legal representation.
Counsel Mkandawire pointed out the disparities faced by the impoverished in Malawi, stating that it is easy for the educated to get a private lawyer and represent them; however, for a poor Malawian, that becomes difficult as many are not aware of their rights, and this right for an attorney is never mentioned when one is getting arrested, unlike in other countries.
This concerning revelation raises important questions about access to justice in Malawi and legal experts and advocates should call for immediate action to address this issue.
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