Long walk to justice

Justice delayed is justice denied.

However, Mphita villager Matilda Mkandawire wonders: “What is justice when courts are few and far apart?”

Her question mirrors a widespread dilemma in the remote parts of Mpherembe in Mzimba West.

She recalls how she travelled on the bumpy, dusty road from her village, past Mpherembe Police Station, to access justice. It is bumpy and a wearisome 30 kilometres or more. It is a long walk spanning almost five hours, she says.

“When my daughter was raped, we had to walk all the way to Mpherembe to access court services. Many, like me, just give up because they have to make the long trip not once or twice, but many times, before the magistrate hears the cases,” said Mkandawire.

Access to justice is one of the pillars of the National Democratic Governance Sector Policy Framework in which government acknowledges: “The poor and other disadvantaged people more often than not fall victim to criminal and illegal acts due to their vulnerability.”

The document bombards readers with numerous barriers to access to justice: poverty, complex procedures, delays in resolving cases, delays in executing judgements, inadequate court workforce, lack of legal awareness and intimidating court environments and problems in understanding legal proceedings.

For the rural Malawians, the inaccessibility of courts and police posts is frustrating them to claim their rights and to root out child abuses and other crimes.

The Church and Society Programme of the CCAP Livingstonia Synod, with funding from Transform Aid of Australia, is working with the locals to safeguard the well-being of the Malawian child.

Thanks to this community-centred initiative, the locals now know that child well-being is not just about good nutrition or embracing conservational agriculture to beat yield-reducing effects of climate change.

A voice is emerging in youth clubs that they need justice for girls, even primary pupils, who face defilement in bushy pathways as they come from schools which are far apart.

They need justice for children aged under 15 who are working on farms just when the movers and shakers in the tobacco industry want the world to believe child labour is history.

They need justice for women who leave children with life-threatening states and a bleak future as they escape gender-based violence which is reportedly on the rise as the likelihood of rule of law wanes.

“We cannot win the battle against crime and human rights violations with many cases ending prematurely and the offenders going unpunished,” said Munkhowo villager Mary Khunga.

Apparently, the area is notorious for cases of citizens taking the law in their hands as the locals feel the scales of justice are tilted against them.

Mob justice aside, the residents say the majority of disputes, including criminal cases and human rights violations, are referred to traditional authorities whom they find expeditious, affordable and accessible despite lacking legal skills and mandate for the job.

“Many abuses go unreported, but it is dismaying for village heads to handle grave rights abuses because the courts and police are beyond the reach of the citizens they are supposed to serve,” said Gracias Luhanga of Mupya Village.

The chiefs handling criminal disputes evoke memories of a reign of terror that was supposed to give way to rule of law with the return of democratic governance in 1993.

Actually, six magistrate courthouses in Mzimba used to serve as traditional courts for the district chiefs—Mabulabo, Jalavikuba, Mpherembe, Chindi, Khonsolo, Mtwalo and Kampingo Sibande.

Abolished together with the one-party rule in 1993, the draconian courts that condemned nationalist Orton Chirwa to death mirrored government’s resolve to ensure Malawians walk no more than 10 miles (about 16.8km) to access justice.

Just when people are crying for shorter distance to court, Judiciary spokesperson Mlenga Mvula said government has not come up with new minimum distances having done away with traditional courts 20 years ago.

However, he described as “really pathetic” the unmet demand for justice in rural areas as the country has nearly 280 magistrates for the population of about 16.7 million.

“The Judiciary is aware of how the long distances exclude the underprivileged, particularly those in remote localities, from accessing justice,” he said.

Reducing the gap was the crux of the commitment Chief Justice Andrew Nyirenda made during his swearing-in at Sanjika Palace recently.

But just how?

Mvula replied: “Apart from increasing the number of magistrates, we are thinking of establishing a court in every trading centre to cut the decried distances.”

Likewise, increasing police visibility in town and rural trading centres is one of Police Inspector General Lexter Kachama five-point strategy to eliminate security lapses.

Action is worth more than any amount of words.

Church and Society considers improved access to justice a big boost to child protection, survival, participation and development, said project officer Hughes Chinkhuntha.

“With the long distance, justice is almost unobtainable,” said Chinkhuntha.

He explained: “Mpherembe Police Post are so far away that the people pay an extra cost to report cases. Afterwards, they have to go there to get a date for their cases, then they have to go court for the suspect to take plea and go there again for hearing and verdict. Some cases are referred to Mzimba Boma, a situation which scares away the rural poor.”

He said the ‘cost of justice’ sometimes soars because cases of rape and rights abuses take months awaiting verdicts.

Besides training community paralegals for legal awareness and rights protection, the faith-based organisation aids magistrates to travel to the hard-to-reach community to hear child abuse cases.

In an interview, community members praised the mobile legal clinics which happen every three months as a source of hope in the middle of nowhere.

“Ours seems to be a cry in the wilderness. Any interventions to make our locality truly safe, democratic, secure and just for our livelihoods and children is welcome,” said Mkandawire.