Marriam John has spent three years waiting for a judgment that could free her son. Madalitso, arrested in 2023 with three others for allegedly stealing cement from a construction site in Bunda, remains at Maula Prison because the family cannot afford private counsel. They turned to the Legal Aid Bureau, only to be told the assigned lawyer is overwhelmed and their case will be heard when time allows.
“This case has really traumatised me. Madalitso was the pillar of our family as he provided for us. I still believe he is in prison because we cannot afford legal representation.
I hope that as the caseload eases at the bureau, his case will be addressed and he will be freed,” John said. Simbeni Jamison of Kanyangala Village in Dowa faces a similar ordeal. Two of his sons have been held at Ntchisi Prison for more than a year for allegedly being found in possession of a cell phone whose owner was reportedly murdered.
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Jamison said nine people were arrested in connection with the case, but progress has been slow because a Legal Aid Bureau lawyer assigned to the case commutes from Lilongwe, citing mobility challenges. “There were moments when parents of the accused decided to contribute money for fuel or arrange transport to allow the lawyer travel from Lilongwe to Ntchisi to fast-track the case. However, he refused and said their regulations do not allow them to receive such assistance.
It is frustrating to hear they have many cases to handle. It has been over a year now and we are still hoping for progress,” Jamison said. A Blantyre client with a civil case in the High Court originating in Mwanza District said his matter has dragged on for two years and he has met his Legal Aid lawyer only three times.
He described little tangible progress. Access to justice for Malawians remains a major challenge as the Legal Aid Bureau is struggling with an overwhelming caseload, leaving many with cases that have dragged on for years. The Legal Aid Bureau is handling 31 335 cases nationwide with only 65 legal practitioners, meaning each lawyer manages an average of at least 480 cases.
The caseload is dominated by land disputes (5 944 cases), followed by matrimonial disputes (3 749) and contract matters (3 237). The bureau’s clients include 1 688 children and 6 426 elderly people aged 60 and above. Legal Aid Bureau director Chimwemwe Chithope Mwale acknowledged that a growing caseload and funding deficits are making it difficult for the institution to provide timely legal services to vulnerable Malawians.
He said in the 2025/2026 financial year, the bureau was allocated about K2.7 billion for operational expenses which was later reduced to K2.66 billion in the mid-year budget review. Mwale said out of K2.66 billion, only K2.31 billion had been allocated by the accountant general’s office in March, leaving a balance of more than K354 million. “The insufficient and delayed funding crippled our operations.
It resulted in insufficient or no fuel, lack of stationery, limited subsistence allowances for officers to provide legal aid outside their duty stations, failure to pay utility bills and, at times, embarrassing service disconnections,” he said. He said between April and October 2025, the bureau delayed payments of transactions by the Accountant General’s Office, incurring over K940 million in debt by the end of October 2025.
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