justice at standstill

Justice has come to a standstill for people whose cases are being handled by the office of the Director of Public Prosecutions (DPP) in Lilongwe and Mzuzu.

For the past four months, the lawyers in the two chambers have not been going to court due to government’s failure to pay for their practising licences.

DPP Masauko Chamkakala confirmed the development in an interview this week, stating that all cases at the Lilongwe District Registry of the court have to some extent been affected.

DPP Chambers has 25 lawyers spread among Lilongwe, Blantyre and Mzuzu registries.

Lilongwe District Registry, which is the head office, has 12 lawyers but Chamkakala said 11 of them have not been attending court because their licences have not been renewed.

Licence practising fee stands at K475 000 per individual, translating to K5.2 million for the 11 lawyers from the Lilongwe District Registry alone.

Chamkakala acknowledged that the speed of prosecutions has been negatively impacted by the situation.

He said: “Delays are occurring due to administrative hold-ups at the pay master’s office. Despite concluding our part of the process, the DPP’s office faces challenges.”

However, the DPP declined to provide specific examples of cases that have been adjourned or postponed due to lawyers’ absence, arguing that it would be prudent not to do that at this stage.

According to our sources, only Dziko Malunda and the DPP himself, are attending court after personally paying their licence fees.

A source in the Lilongwe District Registry said another lawyer in the Mzuzu Registry, which has three lawyers, also paid from his pocket. The source said the office, on the other hand, paid for all the Blantyre-based lawyers.

The lawyers’ practising licences expired on January 31st this year, and the Ministry of Justice is yet to process renewals.

Notably, this delay has also affected prominent prosecutor Kamudoni Nyasulu, who was hired by the DPP’s office earlier this year.

Nyasulu was hired alongside former Ombudsman Enock Chibwana and private practice lawyer George Liwimbi. Our sources indicate that both Chibwana and Liwimbi hold licences from their private practice.

The office of the DPP engaged these private lawyers to expedite prosecution, but government’s failure to renew the lawyers’ licences has significantly disrupted court proceedings.

According to another source, the legal team used to handle confirmations, bails, and appeals on a weekly basis.

Typically, two lawyers were assigned each week, dealing with a caseload ranging from 10 to 20 cases.

Said the source: “However, due to the absence of valid licences, these essential legal processes have come to a standstill. Many cases are now being adjourned, leading to chaos within the system.”

The source added that the situation has become critical, with cases piling up and bail applications left unattended.

Meanwhile, Human Rights Defenders Coalition (HRDC) national chairperson Gift Trapence has described the persistent oversight as unacceptable.

In an interview on Thursday, Trapence said government has the capacity to swiftly resolve the matter.

He said: “The prolonged delay in settling licence fees is obstructing justice for numerous Malawians. HRDC urgently implores the government to address this matter with the seriousness it deserves and promptly remit the necessary fees, thereby restoring the people’s access to justice.”

Weighing in, Centre for Human Rights Rehabilitation executive director Michael Kaiyatsa described the development as worrisome, saying it negatively affects economically-disadvantaged individuals seeking justice.

Said Kaiyatsa: “DPP lawyers represent the State in court proceedings on issues such as bail hearings, trials and appeals. The absence of DPP lawyers could, therefore, result in delays in court proceedings, a backlog of cases and lack of resources for those who cannot afford private legal counsels.

“The situation highlights systemic issues that hinder the fair and timely administration of justice, particularly for the vulnerable populations in the country.”

Ministry of Justice spokesperson Frank Namangale attributed the delays in licence issuance to the government’s payment system.

But he claimed that all lawyers in the Attorney General (AG) Chambers have now received licences for the 2024-25 practising year.

He could not, however, indicate the exact amount paid to the Malawi Law Society (MLS).

When contacted for comment, MLS executive secretary Gabriel Chembezi gave assurances that they will soon publish a comprehensive list of licensed legal practitioners.

He said the list will include information about the lawyers and the firms or institutions they represent.