Malawi set to have plea bargaining in criminal justice system
Malawi is set to have plea bargaining as a solution to numerous challenges facing the criminal justice system, including pre-trial custody time limits, should a criminal justice conference underway in Lilongwe adopt it.
High Court Judge Rizine Mzikamanda has already put his weight behind the decision to introduce the plea bargaining.
He said plea bargaining would help decongest the country’s prisons, save government resources on trials, promote efficiency, and spare both suspects and victims from the trauma of lengthy trial processes.
Mzikamanda made the remarks today in Lilongwe at the opening of a two-day conference organised by the Office of the Director of Public Prosecutions (DPP) in collaboration with the Irish Rule of Law International, focusing on reforming the criminal justice system in Malawi.
“Plea bargaining is not a private matter, deception, or corruption. It is conducted openly with the involvement of all parties,” he said.
He cited examples of countries where plea bargaining has brought significant changes, such as Uganda, which has been implementing it for 10 years, Rwanda for two years, and Kenya since 2008.
On his part, DPP Masauko Chamkakala expressed his encouragement that the judiciary is now promoting plea bargaining, adding that his office will continue to conduct plea bargaining in accordance with the law.
Minister of Justice Titus Mvalo noted that while the law has consistently played its part, it is the people within the system who must implement it effectively.
He said that various pieces of legislation and judicial pronouncements have been made over the years to align the criminal justice system with the Republican Constitution.
“While some say that it is better late than never, it is always late when the law is not justly applied within the criminal justice system.
“This means an innocent person may be detained or arrested, and an accused person may languish in custody beyond the pre-trial custody time limit,” he said.
He emphasized that as the nation contemplates the criminal justice system and explores avenues for its enhancement, it is crucial to reflect on our past and envision our future.
“It is imperative that we, as a people, pause and introspectively assess our current standing.
“Only through such reflection can we enact meaningful changes and improvements,” he articulated.
He lauded the Director of Public Prosecutions (DPP) Mr. Masauko Chamkakala for orchestrating this significant gathering.
The conference, inaugurated today at the Bingu International Convention Centre, is a collaborative effort between the DPP and Irish Rule of Law International, with funding from the European Union.
It has convened participants from the Judiciary, led by Chief Justice Mzikamanda, the Ministry of Justice, Malawi Police Service, Legal Aid Bureau, civil society, the academia, among others.
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