Malawi Legal Aid Bureau

08/06/2026

𝐂𝐨𝐮𝐫𝐭 𝐀𝐜𝐪𝐮𝐢𝐭𝐬 𝐅𝐨𝐮𝐫 𝐒𝐞𝐜𝐮𝐫𝐢𝐭𝐲 𝐆𝐮𝐚𝐫𝐝𝐬 𝐢𝐧 𝐀𝐬𝐬𝐚𝐮𝐥𝐭 𝐂𝐚𝐬𝐞

The Senior Resident Magistrate’s Court in Kasungu has acquitted four security guards who had been accused of assault occasioning actual bodily harm.

The four accused persons, Lusungu Phiri, Bomalayitana Watison, Kefeyani Banda, and Chimchere Phiri, are employed by the Community Development Institute (CDI). They were arrested on allegations that they had assaulted a man who was reportedly found uprooting trees from a hill within Mpasadzi area.

The incident occurred when the four security guards were supervising a tree-planting exercise involving approximately 500 people from villages surrounding the Mpasadzi Scheme. During the exercise, Mr. Boston Phiri was allegedly seen uprooting some of the trees planted by the villagers. His actions angered members of the community, who descended on him and assaulted him.

Upon noticing the situation, the security guards intervened and rescued Mr. Phiri from the mob. They then escorted him to Chatoloma Police Unit and later to a hospital where he received medical treatment.

However, about two weeks after the incident, Mr. Phiri reported to the police that the four security guards were responsible for the assault. This led to their arrest and subsequent prosecution.

Following their arrest on 3 March 2026, relatives of the accused persons approached the Legal Aid Bureau office in Kasungu seeking legal representation. The four were represented by Principal Legal Aid Advocate Lusekero Kisyombe, with assistance from Legal Aid Officer George Luwayo.

During trial, the prosecution alleged that the accused persons had assaulted the complainant. In response, the defence highlighted significant inconsistencies and evidential gaps in the State’s case.

After a full trial in which the State called four witnesses and the defence presented testimony from the accused persons together with supporting eyewitnesses, the Court found that the prosecution had failed to prove its case beyond reasonable doubt.

In its judgment, the Court observed that the evidence before it established that the accused persons had, in fact, rescued the complainant from an angry mob, escorted him to the police unit, and later to the hospital.

The Court accepted the consistent defence evidence, corroborated by eyewitness testimony, that the complainant had been assaulted by villagers and not by the accused persons.

Accordingly, the Court found all four accused persons not guilty of the offence and ordered their immediate release.

02/06/2026

Chonde musayende mtunda wautali kupita kukasaka thandizo la Legal Aid Bureau pomwe ofesi yathu ili m'boma lomwe mukukhalalo.

Thandizo lathu lapamwamba limapezeka mofanana ku ofesi zathu zonse m'maboma komanso m'mizinda. Tilipo kuti tikuthandizeni.

01/06/2026

𝐋𝐀𝐁 𝐃𝐚𝐭𝐞𝐬 𝐏𝐮𝐛𝐥𝐢𝐜 𝐀𝐩𝐩𝐨𝐢𝐧𝐭𝐦𝐞𝐧𝐭𝐬 𝐂𝐨𝐦𝐦𝐢𝐭𝐭𝐞𝐞

On Wednesday, 27 May 2026, the Legal Aid Bureau (LAB), led by its Director, Chimwemwe Chithope-Mwale, appeared before the Public Appointments Committee (PAC) of Parliament to present the institution’s performance report for the 2025/2026 financial year.

During the interface, LAB also submitted proposals to the committee regarding the review of its terms and conditions of service.

Presenting before the committee, Chithope-Mwale informed members that during the financial year under review, LAB recruited a Director and an additional 38 officers. He further stated that the number of lawyers within the institution increased from 48 to 65, representing a 35 percent growth.

The Director also highlighted that LAB relocated its Lilongwe and Zomba offices to accommodate the growing number of staff members and improve service delivery to clients. In addition, a new office was opened in Nkhata Bay, bringing the total number of LAB offices across Malawi to 23.

The committee was further informed that staff turnover significantly reduced during the period under review, with only three officers leaving the institution compared to 32 officers in the previous period.

“In the year under review, LAB provided legal representation in 9,850 cases, comprising 3,814 criminal matters and 6,036 civil matters. Out of the total cases represented, 1,855 cases were resolved, with 1,253 concluded through the courts and 602 through Alternative Dispute Resolution mechanisms,” explained Chithope-Mwale.

He further stated that LAB conducted 32 awareness campaigns across Malawi and continued to air radio and television programmes aimed at increasing legal awareness and access to legal information among communities.

Vice Chairperson of the committee, Hon. Joshua Malango, commended LAB for its efforts in fulfilling its mandate and applauded the institution’s lawyers and staff members for their dedication to providing quality legal aid services to Malawians.

“The committee agrees with the need for increased funding for the Legal Aid Bureau because its importance cannot be overemphasized. We will review the proposals made in consultation with the Treasury and the Department of Human Resource Management and Development,” added Malango.

LAB was represented at the meeting by the Director, Assistant Director Bwighane Mwenifumbo Masanjala, Chief Human Resource and Administration Officer Lucas Charles, Senior IT Officer Chisomo Mainjeni, Principal Planning Officer Nophas Mtimaukanena, Public Relations Officer John Namalenga, Procurement Officer Vinjeru Lungu, and Monitoring and Evaluation Officer Martha Kilowe.

01/06/2026

27/05/2026

𝐂𝐨𝐮𝐫𝐭 𝐒𝐞𝐭𝐬 𝐒𝐞𝐜𝐮𝐫𝐢𝐭𝐲 𝐆𝐮𝐚𝐫𝐝𝐬 𝐅𝐫𝐞𝐞 𝐢𝐧 𝐓𝐡𝐞𝐟𝐭 𝐛𝐲 𝐒𝐞𝐫𝐯𝐚𝐧𝐭 𝐂𝐚𝐬𝐞

The Senior Resident Magistrate’s Court sitting in Mangochi has discharged Richard Duncan and Bonface Felix after the prosecution failed to proceed with the matter for several months.

The two men, both from Kela Village, Traditional Authority Mponda in Mangochi District, were arrested on 22 April 2025 and charged with the offence of Theft by Servant contrary to Section 286 of the Penal Code.

It was alleged that while working as security guards at Njeleza Cement Product Limited, they stole about 400 litres of fuel from tankers between 21 and 22 April 2025.

After initially engaging private legal representation, the accused persons later changed legal representation and subsequently applied for legal aid. The Legal Aid Bureau granted the application and assigned Principal Legal Aid Advocate Upile Mapata, together with Senior Legal Aid Advocate Maxwell Shaba, to represent them.

In Court, the four pleaded not guilty, but the matter repeatedly failed to proceed to trial due to delays from the State. They were granted bail on 29 April 2025.

On behalf of the accused persons, Senior Legal Aid Advocate Maxwell Shaba applied for their discharge under Section 247 of the Criminal Procedure and Evidence Code.

Counsel submitted that since taking plea, the State had shown unwillingness or inability to prosecute the matter. He further argued that the continued delay was prejudicial to the accused persons and infringed their constitutional right to a fair trial within a reasonable time.

In its ruling, the Senior Resident Magistrate agreed with the submissions and granted the application, ordering the discharge of both Richard Duncan and Bonface Felix.

26/05/2026

𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐒𝐞𝐭𝐬 𝐅𝐫𝐞𝐞 𝐌𝐨𝐭𝐡𝐞𝐫 𝐚𝐧𝐝 𝐒𝐨𝐧 𝐢𝐧 𝐌𝐮𝐫𝐝𝐞𝐫 𝐂𝐚𝐬𝐞

The High Court in Blantyre has found Fainesi M***a and Innocent Chisola with no case to answer in a case where they were suspected of murdering Patrick Chisola.

It was alleged that on 19 December 2024, the two accused persons caused the death of Patrick Chisola, who was the husband and father of the accused, respectively. The facts are that on the material day, the deceased confiscated his wife’s phone on allegations that she was cheating. He ran away with it from their home in Lisungwi to Chikonde village, and the wife followed him to Chikonde as that was also her home village.

When the case reached Legal Aid Bureau, Fainesi M***a and Innocent Chisola were represented by Principal Legal Aid Advocate Chikondi Mmanga Kasambara.

One State witness, Baton John, a kabaza operator, told the Court that the deceased quarreled with his wife over allegations of infidelity. It is said the deceased found messages from an unknown number, with some saying “Ndinabwera ku ofesi kwanu sinnakupeze” (I came to your office but I didn’t find you), to which the accused responded “Ndinalipo, phone inali pa charger” (I was around, but I left my phone on the charger). The unknown number further wrote “Ndakusowa” (I miss you). The State witness, during cross-examination, admitted that since the messages came from a random number, it is not clear whether they came from a man or a woman.

The kabaza operator further testified that he ferried the deceased to his home village at night, but the deceased refused to drop off close to his own village and instead opted to use a longer route, which would also pass by his wife’s village.

Another State witness, the deceased's other son Akuzike Chisola explained that the deceased called him in the middle of the night to wish him a good night and cut the phone. When he tried to call him again, the deceased never picked up the call, and that was the last he heard from him.

Another State witness, a medical practitioner, said the deceased was found dead with the head extended upwards and feet downwards. There were marks on his neck from a tight tie as well as dilated and fixed eyes. The cause of death was suffocation and strangulation.

During cross-examination, the medical practitioner admitted that these signs could not clearly be a sign of accused foul play, as the deceased could either have hanged himself or had been hanged.

The Court went ahead to acquit the two, saying there was no evidence for them to defend themself as it was not clear what role they took in the death. The cause of death, as per the evidence, did not clearly prove that the death was through su***de or through the conduct of the two accused. Further, there was no evidence from relatives of the deceased, if at all he reached his village before being found dead.

The Court faulted the State for conducting a poor investigation into the matter and further pointed out that an allegation, no matter how grave, cannot result in a conviction in the absence of clear evidence.

The Court further found that nothing connected the son, Innocent Chisola, to the death, unlike the wife, who at least would be suspected due to the fight she had with the husband.

25/05/2026

Happy Africa Day

22/05/2026

Khalani mtetezi wa ena kuti asazembetsedwe kapena kubedwa. Dziwani kuti lamulo limalamula apolisi kuti asunge chinsinsi posaulula dzina la yemwe wakatula nkhani ku polisiko.

21/05/2026

LIST OF LICENCED LEGAL PRACTITIONERS FOR THE 2026-27 PRACTICE YEAR

21/05/2026