It is three years and counting since Chikondi Samela was arrested and remanded to Thyolo Female Prison for allegedly murdering her 12-year-old younger sister.
Since her arrest in July 2023 and subsequent remand, she is yet to be taken to court for formal charging.
“Every morning I wake up hoping that maybe today they will take me to court. But the hope has taken me three years. My prayer is that I should be heard,” said Samela when the Parliamentary Women’s Caucus visited the Thyolo Female Prison on Friday.
The 25 year-old was remanded while three months pregnant and gave birth in prison.
| Jonathan Pasungwi
Samela said the wait was affecting her mentally and that she was struggling to understand why she remains in custody without being charged.
“I feel like I am being denied my right to be heard because justice delayed is justice denied,” she said.
Samela is among seven remandees at Thyolo Female Prison who have never appeared before court despite being held on remand.
Thyolo Female Prison officer-in-charge Emily Banda said holding suspects in prison for such a long period without being charged is against the law.
She said the situation was worrisome because it puts pressure on the prison’s already limited resources.
“We are helpless. We do not know where we can take them to. So in the end, we are forced to keep them in our prison cells,” said Banda.
In an interview after the visit, Parliamentary Women’s Caucus chairperson Mary Maulidi Khembo noted that the problem is similar in other prisons such as Kachere in Lilongwe.
She said the situation is worrisome and requires urgent intervention.
“We will engage stakeholders such as Women Lawyers Association of Malawi to assist the affected suspects to secure their appearances before court. These women are innocent until proven guilty by the court of law,” said Khembo.
Data show that the prison population in the country stands at about 17 000, placing severe strain on facilities whose official capacity is around 7 000.
The World Prison Brief says about 17.6 percent of Malawi’s prison population comprises pre-trial detainees (remand prisoners).
A 2023 audit by the Paralegal Advisory Service Institute found that in two major prisons, Maula in Lilongwe and Mzuzu, 66 to 67 percent of remanded prisoners were eligible for release under the law.
