By Wezzie Gausi:
Authorities say Malawi’s decision to operationalise plea bargaining through the launch of a Prison Camp Court pilot at Lilongwe Prison signals a major shift in the country’s criminal justice system after 16 years of inactivity.
Plea bargaining has been provided for under Section 252A of the Criminal Procedure and Evidence Code, but until now it had remained largely unused.
Chief Justice Rizine Mzikamanda acknowledged this delay when launching the initiative.
“At the risk of repeating myself, I am particularly delighted that the law on plea bargaining, which has been idle for 16 years, is today being operationalised,” he said.
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The Judiciary, working in partnership with Pepperdine University, has introduced the pilot to reduce case backlog and ease prison congestion, particularly among remand inmates who have spent years awaiting trial.
Mzikamanda dismissed concerns that the reform weakens justice.
“Plea bargaining is an important vehicle for achieving access to justice and justice for all. We must dispel any suggestion that plea bargaining amounts to justice on sale. It is not,” the Chief Justice said.
He described the process as participatory and grounded in law, adding that victims are central to the justice process.
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“The victim is not a mere witness or spectator. The victim and the community have views and the court has a duty to take those views into account,” he said.
Chief of Staff and Senior Vice President for Global Impact at Pepperdine University, Danny DeWalt, said the initiative builds on similar reforms implemented in other African countries.
“I have been coming to Africa for the last 20 years working with various judiciaries to reform criminal justice systems specifically to decongest prisons and reduce case backlog,” DeWalt said.
He said discussions with Malawi’s Judiciary began two years ago after Mzikamanda expressed interest in lessons from Uganda.
“Implementing plea bargaining immediately turns the tide by giving people access to justice so they know the outcome of their case instead of sitting in prison for years waiting for trial,” he said.
DeWalt also rejected claims that plea bargaining compromises justice.
“People sometimes think plea bargaining is cutting corners, but all constitutional protections remain in place. The accused person simply accepts responsibility instead of insisting on a full trial,” he said.
Commissioner General of Prisons Bazilio Chapuwala welcomed the reform, saying it will help reduce congestion in correctional facilities.
“This initiative will assist us in reducing congestion in our prisons and help inmates who have been on remand for a long time to finally access justice,” Chapuwala said.
He disclosed that 63 inmates have already volunteered to participate in the pilot exercise.
The introduction of prison-based plea bargaining courts is expected to shorten case resolution times while maintaining judicial oversight.
Courts retain authority to approve or reject agreements and participation remains voluntary.