The Directorate of Public Prosecutions (DPP) has questioned the rationale behind the Judiciary’s arrangement to cover State witness expenses in High Court criminal cases but requiring witnesses in magistrates’ courts to meet their own costs.
DPP Chambers director of criminal litigation Josephine Gwaza, speaking in an interview yesterday, said the system undermines effective justice delivery, particularly in lower courts where lack of financial support often limits witness participation.
She said that in some cases State lawyers are forced to use personal resources to facilitate witness attendance while in others prosecution cases are weakened due to the failure to secure key witnesses.
“All criminal matters are State cases. Therefore, centralising support for State witnesses under the Directorate of Public Prosecutions would secure witnesses, strengthen prosecutions and ultimately enhance justice delivery,” said Gwaza.
Her remarks come about two weeks after DPP Fostino Maele appealed to the Parliamentary Legal Affairs Committee for increased funding.
Section 368 (1) of Criminal Procedures and Evidence Code stipulates that the Minister may, in consultation with the Chief Justice, make rules providing for the payment of allowances to jurors, complainants and witnesses for attending before a court for the purposes of any inquiry, trial or other proceeding.
In a separate interview, Malawi Legal Aid Bureau director Chimwemwe Chithope Mwale described the current practice as discriminatory, noting that the law also envisages support for defence witnesses.
He said the law should be applied uniformly to ensure both prosecution and defence witnesses are adequately supported.
Said Chithope Mwale: “It becomes problematic and unfair, with the potential of compromising right to fair trial where the accused person’s key witness[es] cannot meet their own expenses and they cannot be paid like state witnesses.
“Since the law is already there, the solution is that it just has to be applied indiscriminately, especially where the accused person has witnesses who have to be equally funded.”
Catholic University of Malawi Department of Practical, Legal Education head Burton Mhango supported the DPP’s concern, saying the responsibility for State witnesses should rest with the prosecution.
He observed that the Judiciary’s involvement in funding State witnesses risks creating a perception of bias, contrary to its role as a neutral arbiter.
Judiciary spokesperson Ruth Mputeni and High Court and Supreme Court of Appeal Chief Registrar Innocent Nebi were not available for comment.
In the 2026/2027 National Budget, government allocated K4.8 billion to DPP and State Advocate’s office. Of this, K3.76 billion is earmarked for operations, while K1.02 billion will cover personnel costs.
Appearing before the Legal Affairs Committee of Parliament, Maele requested an additional K500 million specifically for witness tracing and case preparation, saying the funds would help ensure critical witnesses are identified, prepared and protected.
