A new Afrobarometer Pan-African says only 28 percent of Malawians can afford legal assistance or court related costs if needed, suggesting that cost remains a major obstacle to using formal legal systems for the majority of citizens.
The report, issued on June 2, is based on 50 961 interviews across 38 African countries in 2024/2025.
It shows that while 65 percent of the country’s population believe they could find legal advice or support from lawyers or legal services when needed, 72 percent cannot afford legal costs.
The report further said 43 percent turn to traditional leaders or courts to resolve their disputes, 35 percent turn to the police while three percent turn to political and religious leaders.
According to the survey, awareness of the availability of legal aid remains limited across Africa with only 35 percent of respondents in Malawi saying they could find the advice or support they would need to resolve a legal problem leaving the majority in the dark.
Overall confidence in formal courts remains limited, with only 44 percent of respondents expressing confidence in judges while perceptions of corruption among judges stood at 38 percent.
By contrast, 64 percent of respondents expressed trust in religious leaders while politicians commanded the trust of only 38 percent of respondents.
Further, the survey says 39 percent of Malawians perceive judicial decisions to be influenced by powerful people while 65 percent of the country’s citizens believe that courts can deliver justice.
The survey also found that 53 percent of Malawians believe crimes committed by officials go unpunished while 47 percent believe people are treated unequally before the law.
Nevertheless, the country’s Judiciary has been ranked among Africa’s top-performing judicial institutions in public confidence and access to justice with 67 percent of Malawians confident they can obtain justice through the courts, placing Malawi third on the continent and well above the African average of 50 percent.
Further, 63 percent of respondents expressed confidence in judicial institutions, while 56 percent of Malawians believe judges and magistrates make decisions based on the law rather than external influence.
Commenting on the findings, human rights lawyer Alexious Kamangila said the findings do not reflect what is happening on the ground.
He said people continue to struggle to access justice with affordability being the biggest stumbling block.
“From the statistics, it shows 72 percent of Malawians cannot afford legal services. This is a crisis and tragedy that needs collaboration to turn around,” said Kamangila.
Centre for Human Rights Education, Advice and Assistance (Chreaa) executive director Victor Mhango said the positive perceptions should not overshadow persistent challenges facing the justice system.
He singled out delays in hearing and determining cases, shortages of judicial officers, limited legal representation for vulnerable and indigent persons, congestion in courts and difficulties in obtaining written judgments.
“The findings should be viewed as both an achievement and a call to action. They provide an opportunity for the Judiciary and justice sector stakeholders to build on existing public trust by addressing systemic challenges that undermine access to justice.
“Sustained investment in court infrastructure, recruitment of judicial personnel, legal aid services and alternative dispute resolution mechanisms will be essential to ensuring public confidence is maintained and strengthened,” said Mhango.
Legal Aid director Chimwemwe Chithope Mwale said the survey points to areas that should be improved to scale up access to justice.
He said his office has limited funding which affects its availability on the ground on top of services it offers.
“The Legal Aid Bureau has over the years undertaken several initiatives to raise awareness about its existence and the availability of legal aid services through its expansion drive to districts, enhanced presence and information sharing on social media sites and public awareness campaigns across Malawi.
“We have also been collaborating with several stakeholders such as the Malawi Law Society to enhance the campaigns,” said Mwale.
Judiciary chief registrar Innocent Nebi said the results reflect the Judiciary’s continued efforts to improve service delivery and strengthen public confidence in the administration of justice.
He said while the findings demonstrate significant progress, the Judiciary remains committed to addressing existing challenges and further improving access to justice for all Malawians.
“We recognise that there is still work to be done. The Judiciary will continue implementing measures to reduce delays, enhance service delivery and uphold the highest standards of fairness, integrity and judicial independence” said Nebi.
In March this year, the Judiciary said it was facing an average vacancy rate of 62 percent comprising 49 percent for judges, 72 percent for magistrates and 65 percent for members of staff with the Supreme Court of Appeal and the High Court having a combined total of 56 judges against a required 88.
Despite the challenges, the Judiciary managed to dispose of several cases between April 2025 and January 2026.
The Supreme Court of Appeal registered 49 cases, of which 36 were concluded, including 31 civil and five criminal appeals.
In the High Court’s six divisions of Civil, Criminal, Financial Crimes, Commercial, Family and Probate and Industrial Relations, a total of 6 106 cases were recorded, while 5 008 cases, including some carried forward from previous years, were concluded.
