ACCESS TO JUSTICE FOR THE POOR OF MALAWI? AN ... - GSDRC

Views of the informal justice system by State officials and NGO’sThe interview team also had occasion to interview State officials, such as Police,Prison officials and DCs, as well as a few NGO’s, such as PAC/NICE officers tosolicit their views of the informal justice system. Most were of the view that Chiefsshould be given back their powers and authority to preside over disputes, althoughthey also expressed certain reservations.The Police, Prison officials and DCs were of the view that Chiefs should be givenback their powers to decided minor criminal issues and most civil cases at custom inorder to reduce their case-loads. Prison officials at Mzimba Prison observed that mostof the suspects on remand and some of those convicted and serving sentences oughtnot to be in prison as they were involved in cases or disputes which could have beeneasily resolved at the village level.Although State officials were generally agreed that Chiefs should be given back theirpowers, their expressed caution about the following issues:o Tendency for chiefs to be bribed or become corrupt;o Tendency for nepotism, regionalism and favoritism;o Political influence and interference of chiefs’ judicial functions;o Concern over Chiefs’ lack of awareness of and respect for therespective jurisdictions of the formal and informal justice systems;o The tendency of ‘urban and peri-urban chiefs’ to openly andsometimes deliberately violate city by-laws and regulations byallowing encroachments on land;o Low levels of education and lack of civic education of chiefs; ando Social Welfare officers expressed concern over the tendency of somechiefs to provide false information to DC offices with a view tocheating the system and unlawfully benefiting under deceased estates.The NGO, PAC/NICE expressed concerns about the tendency of the customaryjustice system to discriminate against women and children, especially in inheritanceand domestic disputes. Furthermore, they worried that chief’s overtly or covertlysanctioned ‘mob justice’, due to limited understanding of the right to bail and otherhuman rights and democratic principles.45