The passing of the Prisons Services Bill by Parliament has been described as a step in the right direction in upholding prisoners’ rights.
Legislators passed the Bill on Thursday after it gathered dust for over a decade.
If signed into law by President Lazarus Chakwera, the law will reform the prison framework and replace the outdated Prisons 1956 Act.
The Bill, under Section 60 (1), prohibits imprisonment of children in conflict with the law under any circumstances, which aligns with the Child Care Protection and Justice Act.
In a bid to clear a backlog of cases of prisoners who overstay on remand or complete their sentences without being reviewed by the High Court of Malawi, Section 161 of the Bill gives powers to a particular prison’s officer-in-charge to provide the court with a list of the remanded prisoners, including those whose sentences have not been confirmed.
Section 61 of the Bill also introduces a new provision for the admission of pregnant women and places a duty on the officer-in-charge of a prison to ensure pregnant women are placed in a prison close to a medical facility that can provide necessary medical services associated with the pregnancy.
This aspect was incorporated to align with Article 14 of the Maputo Protocol, which stipulates that signatories to the pact should ensure that the right to health of women, including sexual and reproductive health, is protected.
The Bill, under Section 74, also takes into consideration prisoners’ right to health at the State’s or personal expense, and prohibits involuntary medical examination or treatment unless there is a significant risk to the particular prisoner and others.
In an interview on Friday, Centre for Human Rights Education Advice and Assistance executive director Victor Mhango said government must ensure full implementation, adequate allocation of resources and strengthen oversight mechanisms to make the prisons reform meaningful on the ground.
He said legislators have made a bold decision to pass the Bill; hence, expects the President to assent it into law at the earliest time possible.
Mhango said: “This is not just a legislative win—it is a victory for humanity, dignity and justice in Malawi.
“We extend our gratitude to all stakeholders, including civil society, justice sector actors and members of Parliament who played a role in pushing this important reform forward.”
With a prison population of over 17 000 inmates, Chreaa was instrumental in the push for the Bill to be tabled in the National Assembly to reform prisons to address a myriad of challenges, including congestion.
Other key reform areas of the Bill include consideration of prisoners with special needs to have a humane and dignified incarceration as per Section 78 of the Bill while Section 79 still maintains solitary confinement of the inmates.
The other significant reform area of the Bill is in Section 82, which gives a right to every prisoner to seek legal advice from a lawyer of their choice, where it is required, in the interest of justice to be served at the expense of the State.
Section 85 states that prisoners, at the approval of the Chief Commissioner, may engage in labour within or outside the prisons at a fee and other considerations with Section 119 empowering the Chief Commissioner to petition the High Court of Malawi for compassionate release of prisoners who have been certified by an ad-hoc committee of three medical practitioners that the particular prisoner is ill.
Besides, Section 121 of the Bill also empowers the Minister to release a prisoner sentenced to life imprisonment on licence after consultations with the Chief Commissioner with Section 123 establishing a parole board chaired by a retired Chief Commissioner to release prisoners on parole.
