The project was originally targeted at homicide cases but was later extended to cover remand prisoners and vulnerable groups among the convicted prisoners like women, juveniles, terminally and mentally ill and foreigners.

The project is currently on pilot basis covering four (4) prisons in Malawi namely; Zomba Central, Chichiri, Maula and Mzuzu prisons.

The objectives of the project are:

• Improved access to justice
• Improving conditions in prisons
• Civic education to prisoners on the law and their rights
• Simplifying court and criminal procedure to prisoners

The Para-legal Staff

Staff qualified to serve as paralegals were  those who hold ‘O’ and ‘A’ level certificates of Malawi. They got one (1) month training on elements of law conducted by resource persons drawn from Criminal Justice Agencies and the NGOs sponsoring the project.

They were guided by a Code of Conduct, which regulated their operations while within or outside prison walls. The code also promoted the trust and confidence by the prison authorities on the paralegals.

The paralegals were drawn from various NGOs; among them, the Penal Reform International (PRI). Coordination was done by legal officers from these NGOs. There was an advisory council, which received regular progress reports and advises them. The council consisted of the Chief Commissioner of Prisons, The Chairman of Prisons Inspectorate who was a Judge, the Chairman of the Core Group on Criminal Justice Reform, the Director of Public Prosecutions, a representative from the Legal Aid Department and Head of Prosecutions in the Police.

Operations of the Para-legal Service in Malawi

The following as the major areas where the paralegal staff assisted prisoners:

1. Bringing attention of the courts to cases of remand prisoners who are either detained illegally in prisons or have over-stayed in remand.
   
   Illegal detention of remand prisoners arose from the tendency of detaining an offender in a prison for more than  48 hours on a temporary warrant.

   The continued detention in these circumstances is therefore illegal. Remands, also overstayed due to logistical problems, which led to their non-production to court.
   
   This active follow-up of cases by paralegals led to some magistrates conducting court sessions in prison institutions.


 

2. Conducting para-legal aid clinics in prisons to remand prisoners

   In these sessions remand prisoners are informed of their rights as accused persons and court procedures. They are also taught how to conduct themselves in court, and put through the stages of a trial. This enables prisoners to argue out their own cases in court and which may lead to their release and in turn decongest prisons.
    

3. Use of the bail application forms for remand prisoners who are not admitted to bail for one reason or another but have committed bailable offences.
   
   The paralegals assist in completing the forms for the prisoners, deliver them, and follow them up with the courts concerned.


 

4. The para-legals in the course of their visits to prisons also look out for vulnerable groups which required special attention and assistance like the women, juveniles, the mentally and terminally ill, as well as foreign nationals who come into conflict with the laws of Malawi and happened to be in prison.


 

5. Improving prison conditions by sponsoring micro projects, which benefit prisoners.
   
   These projects included soap and sandal making.
    

6. The para-legal advisory service also educates prisoners on the benefits of plea-bargaining.
   
   This meant that prisoners charged with more serious offences requiring a longer trial or sentence could plead to a lesser charge hence ensuring speedy conclusion of cases. For example, a prisoner charged with murder may plead guilty to lesser charge of manslaughter.

7. Generally, they provide legal advice to poor prisoners free of charge since they cannot afford the legal fees charged by private practitioners. Although, the state provides legal counsel from the Ministry of Justice in Malawi these are unable to handle the huge backlog of cases.

 

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