The coming into operation of the Prisons Act (2025) has ushered in sweeping reforms set to effectively change Malawi’s prison system hitherto riddled with a myriad of challenges for decades, including congestion.
Minister of Homeland Security Ezekiel Ching’oma designated August 18 2025 for the Act to become operational and replace the archaic 1956 legislation that dwelled on suppression of offenders rather than rehabilitation.
The major reforms that come with the new law include establishment of halfway houses, introduction of a parole system with a parole board chaired by a retired Chief Commissioner of Prisons and introduction of community service—all anticipated to ease congestion in the country’s prisons.
Reads the notice of commencement: “In exercise of the powers conferred by Section 1 of the Prisons Act, 2025, I, Ezekiel Ching’oma, Minister of Homeland Security, appoint the 18th day of August, 2025, as the date on which the Act shall come into operation.”
Despite that the minister yesterday did not respond to The Nation request for further comment on full implementation of the Act, he acknowledged receipt of the questions sent to him.
Under the new law, prisoners will be empowered to engage into labour within and outside the prisons at a fee with the Minister of Homeland Security having authority to release a prisoner sentenced to life imprisonment upon consultation with the Chief Commissioner of Prisons.
The new law also empowers the Chief Commissioner of Prisons to petition the High Court of Malawi for compassionate release of prisoners certified ill by an ad-hoc committee of three medical practitioners.
It further prohibits imprisonment of children in conflict with the law under any circumstances, which aligns with the Child Care Protection and Justice Act.
On their part, pregnant women will be placed in a prison close to a medical facility that can provide necessary medical services associated with the pregnancy.
Further, in a bid to clear a backlog of cases of prisoners who overstay on remand, the new law states that a particular prison’s officer–in–charge will be able to provide the court with a list of the remanded prisoners, including those whose sentences have not been confirmed.
In an interview yesterday, Centre for Human Rights Education, Advice and Assistance executive director Victor Chagunyuka Mhango described operationalisation of the Act as retrogressive.
He said the move is a critical step towards replacing the outdated 1956 legislation with a modern framework that reflects constitutional values and international human rights standards.
“The commencement of this Act provides an opportunity to improve prison management, protect the rights of persons deprived of liberty and promote rehabilitation over punishment,” said Mhango, whose organisation lobbies for inmates’ rights. “We call on all stakeholders, including the Inspectorate of Prisons, civil society, and government, to work together to ensure that the Act is fully implemented.”
Malawi Prisons Service spokesperson Steven Meke in a separate interview said operationalisation of the Act is a game changer in regards to prison management.
He said it aligns with the Constitution and international standards.
Said Meke: “It’s favourable for reformation and rehabilitation as it provides for the establishment of open prisons and halfway houses.
“These facilities are conducive to reformation and rehabilitation, thereby improving post—incarceration lives of inmates as they will be acquiring various skills while serving their custodial sentences.”
He said it is expected that reoffending will, therefore, be reduced significantly as inmates will reintegrate successfully into society on the premise that their self–esteem would be improved through acquisition of new skills prior to their release.
The new law 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.
The other significant reform area of the new law is that it 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.
While the new law has maintained solitary confinement, it takes into consideration prisoners with special needs to have a humane and more dignified incarceration.
According to a study by the United States Department of State, Malawi’s prisons are overcrowded with facilities operating at over 200 percent.
The study findings complemented Malawi Prisons Service statistics which show that there are close to 17 000 prisoners against a recommended holding capacity of 7 000.
