Marriam John has spent three years waiting for a judgment that could free her son. Madalitso, arrested in 2023 with three others for allegedly stealing cement from a construction site in Bunda, remains at Maula Prison because the family cannot afford private counsel.
They turned to the Legal Aid Bureau, only to be told the assigned lawyer is overwhelmed and their case will be heard when time allows.
“This case has really traumatised me. Madalitso was the pillar of our family as he provided for us. I still believe he is in prison because we cannot afford legal representation. I hope that as the caseload eases at the bureau, his case will be addressed and he will be freed,” John said.
Simbeni Jamison of Kanyangala Village in Dowa faces a similar ordeal. Two of his sons have been held at Ntchisi Prison for more than a year for allegedly being found in possession of a cell phone whose owner was reportedly murdered.
Jamison said nine people were arrested in connection with the case, but progress has been slow because a Legal Aid Bureau lawyer assigned to the case commutes from Lilongwe, citing mobility challenges.
“There were moments when parents of the accused decided to contribute money for fuel or arrange transport to allow the lawyer travel from Lilongwe to Ntchisi to fast-track the case. However, he refused and said their regulations do not allow them to receive such assistance. It is frustrating to hear they have many cases to handle. It has been over a year now and we are still hoping for progress,” Jamison said.
A Blantyre client with a civil case in the High Court originating in Mwanza District said his matter has dragged on for two years and he has met his Legal Aid lawyer only three times. He described little tangible progress.
Access to justice for Malawians remains a major challenge as the Legal Aid Bureau is struggling with an overwhelming caseload, leaving many with cases that have dragged on for years.
The Legal Aid Bureau is handling 31 335 cases nationwide with only 65 legal practitioners, meaning each lawyer manages an average of at least 480 cases. The caseload is dominated by land disputes (5 944 cases), followed by matrimonial disputes (3 749) and contract matters (3 237). The bureau’s clients include 1 688 children and 6 426 elderly people aged 60 and above.
Legal Aid Bureau director Chimwemwe Chithope Mwale acknowledged that a growing caseload and funding deficits are making it difficult for the institution to provide timely legal services to vulnerable Malawians.
He said in the 2025/2026 financial year, the bureau was allocated about K2.7 billion for operational expenses which was later reduced to K2.66 billion in the mid-year budget review.
Mwale said out of K2.66 billion, only K2.31 billion had been allocated by the accountant general’s office in March, leaving a balance of more than K354 million.
“The insufficient and delayed funding crippled our operations. It resulted in insufficient or no fuel, lack of stationery, limited subsistence allowances for officers to provide legal aid outside their duty stations, failure to pay utility bills and, at times, embarrassing service disconnections,” he said.
He said between April and October 2025, the bureau delayed payments of transactions by the Accountant General’s Office, incurring over K940 million in debt by the end of October 2025.
Mwale added they have 14 functional pool vehicles, most of which are old to serve all 28 districts.
He said 14 out of the bureau’s 19 offices operate without a vehicle.
Data from the Bureau also shows that 1 688 of its clients are children while 6 426 are the elderly aged 60 and above.
Despite the limited resources, Mwale said the bureau has made significant progress in assisting vulnerable Malawians.
He said between April 1 2025 and March 4 2026, they recorded 3 498 new cases 1 975 civil cases and 1 523 criminal cases involving 1 087 women and 128 children.
Mwale said they closed 1 055 cases with 649 resolved through courts and 406 settled out of court.
“In addition, we have worked with other justice institutions to conduct camp courts in prisons, leading to the release of over 200 inmates from Maula, Chichiri, Rumphi, Mzimba, Mzuzu, Ntcheu, Nkhotakota and Kachere prisons,” he said.
In the 2026/2027 fiscal year, the Legal Aid Bureau has been allocated K3.4 billion against a required budget of K7 billion, leaving a funding deficit of K4 billion.
Meanwhile, law reform that would allow paralegals to represent clients in lower courts is still under formulation in the Ministry of Justice.
Ministry spokesperson Frank Namangale confirmed that the ministry is formulating the law, but asked for more time to find out the actual status of the reform.
When passed into law, the reform would aid speeding up of cases.
Centre for Human Rights Education, Advice and Assistance executive director Victor Mhango said the situation undermines access to justice for the majority of Malawians who are poor, calling on government to adequately fund the Bureau.
“Many people remain in prolonged pre-trial detention simply because they lack timely legal representation. This contributes to prison congestion and deepens inequality within the justice system,” he said.
Mhango said slashing funding to almost half of K7 billion further worsens the situation because it limits the bureau’s ability to recruit more lawyers, expand services and reach rural communities where the need for legal aid is greatest.
Centre for Human Rights and Rehabilitation CHRR executive director Micheal Kaiyatsa asked government to reconsider budgetary support to Legal Aid considering its enormous task.
Parliamentary Legal Affairs Committee chairperson Gilbert Khonyongwa said given the bureau’s critical role in representing poor Malawians, it deserves greater financial support.
He said the committee understands the challenges and will push for additional funding to enable the institution perform its duties effectively.
Treasury spokesperson Williams Banda said the Minister of Finance will address most of the concerns regarding funding deficits in his winding statement.
