Malawi: Justice Sector and the Rule of Law

While the Malawian government has made considerable progress since the country’s decisive break with Banda’s dictatorial regime, the justice sector still faces significant challenges in meeting constitutional and democratic commitments for the respect of human rights and the rule of law, according to this report. Published by AfriMAP and the Open Society Initiative for Southern Africa, Malawi: Justice Sector and the Rule of Law provides a comprehensive audit of the country's performance against African and international standards that seek to improve access to justice and the upholding of the rule of law. It also puts forward practical recommendations, calling on the government to take steps to ensure further consolidation of changes that have taken place since the 1994 democratic Constitution.

Since 1994 there have been significant improvements. The 1994 Constitution included a comprehensive bill of rights; management of the justice sector has dramatically improved over the past ten years, and significant progress has been made in reforming the criminal justice sector. However, serious challenges remain. Law reform has been extremely slow, and statutory and customary laws inconsistent with new human rights obligations remain in place. Although court fees are relatively low, the high level of poverty and the prohibitive cost of legal fees mean that most Malawians have no access to formal justice. This report, and the shorter discussion paper, which draws on the main report to put forward a set of focused findings and recommendations, is an essential resource for those working in the justice sector in Malawi or the region.

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