Justice Delayed in Malawi's Criminal Justice System Paralegals vs. Lawyers

Hillery Anderson

University of Wales, Bangor North Wales, UK

Abstract:

This article is aimed to show, in spite of the equality that people are entitled to before the law; in practice access to justice does not work exactly as the theory says it should. While the legal aid department aims to provide legal assistance to the poor, it has failed to deliver such services to all those who need them. The exposure of conditions in the criminal justice system in Africa is largely initiated by Penal Reform International (PRI). PRI examined and analyzed the conditions in Malawi's criminal justice system and discovered gross human rights abuses. The Human Rights Commission of Malawi has described the country's criminal justice system as weak, citing justice is compromised because of the too many archaic laws on the statute books and denial of justice due to lack of legal representation for the indigent. For instance, fifty percent of the prisoners were on remand awaiting trial. Some of them have stayed more than seven years in prison without having their cases heard in court.

Keyword:

Malawi; Lawyers; Paralegals; Human Rights Abuse; Prisoners; NGO's