Government has endorsed new recommended hourly rates for legal practitioners, a move that will now push court users engaging Senior Counsels (SCs) to fork out a minimum of K95 000 per hour.
The revised minimum hourly expense rates for purposes of taxing party and party costs come almost one and a half years after the Remuneration Committee of the Malawi Law Society (MLS) made the recommendations to adjust the 2018 hourly rates.
implications on access to justice: Kaiyatsa. | Nation
According to a Government Notice Number 15 of the Malawi Gazette Supplement, dated February 28 2025, Minister of Justice Titus Mvalo has gazetted the rates in exercise of powers conferred on him by Section 39(3) of the Legal Education and Legal Practitioners Act (Lelpa).
In line with the applicable law, MLS through its Remuneration Committee proposed the new rates and were submitted to the minister to decide on November 9, 2023.
However, the new hourly rates have received disapproval from some human rights advocates as well as court users who have described the upward adjustments as excessive.
Under the new Legal Education and Legal Practitioners (Hourly Expense Rates For Purposes of Taxing Party and Party Costs) Rules, 2025, the rates for senior counsels have jumped from K60 000 per hour representing a 58.3 percent rise.
On the other hand, lawyers with less than 10 years experience at the bar whose rate was K30 000 per hour will now be charging their clients a minimum of K55 000, an increase of 83.3 percent.
Further, the new rules have put the hourly rate of legal practitioners with more than 10 years of practice at K75 000 from K40 000, representing 87.5 percent rise.
The Remuneration Committee is established under Section 39(1) of the Lelpa. It advises on, and recommends to, the minister, all matters regarding remuneration of legal practitioners.
It consists of five legal practitioners, two of whom are senior counsel. The members are elected by the MLS at the annual general meeting.
MLS honorary secretary Gabriel Chembezi expressed happiness following the approval of the new rates, a development he described as commendable.
He said: “Although the minister has taken long to revise and publish the rates, it is commendable that for the first time the minister has agreed with the MLS proposal and identified these are minimum rates which means that there is flexibility and discretion left to the court to determine what is the reasonable and fair rate in each because not all cases are the same- this assures balanced justice in the unique circumstances of each guided by the minimum rates approved by the minister.”
Ministry of Justice spokesperson Frank Namangale while confirming the gazetting of the new rates defended the period arguing the process involves several steps to ensure transparency and fairness.
“First, the ministry conducts a comprehensive review of the current rates and gathers input from various stakeholders, including legal practitioners, the Malawi Law Society, among others. This review includes analysing market trends, economic conditions, and the cost of living,” he explained.
He said after the review, the ministry drafts proposed changes to the rates which are then subjected to a period of public consultation, allowing stakeholders and the general public to provide feedback.
“The feedback is carefully considered, and necessary adjustments are made to the proposed rates. Once the consultation period is complete, the final proposed rates are submitted to the Minister of Justice for approval.
But human rights advocate Michael Kaiyatsa believes the adjustments will have broader implications on access to justice, especially for poor Malawians.
He said while it is important to ensure legal practitioners are adequately compensated for their expertise and time there is also need to consider the broader implications of such increases.
Kaiyatsa observed a significant rise could make legal representation increasingly unaffordable for majority of Malawians who are already economically disadvantaged.
“Many individuals facing legal issues may find themselves priced out of accessing quality legal representation, which is a fundamental aspect of a fair and equitable justice system.
