By Ephraim Nyondo
Africa-Press – Malawi. In a quiet village outside Zomba, 52-year-old Esther Mponda resolved a land dispute not in court, but under a mango tree. After her brother seized part of her family’s field, she bypassed police and magistrates entirely, taking her case to the Village Headman. Within two days, the matter was settled. Her story reflects a growing trend: Malawians are increasingly abandoning the formal justice system in favor of traditional, community-based mechanisms that are faster, cheaper, and perceived as more trustworthy.
This shift is documented in the 2025 Justice and Accountability Survey (JAS), released this week by the National Statistical Office. The JAS was conducted by the National Statistical Office with support from the Ministry of Justice and Constitutional Affairs and the European Union, surveying over 4,300 households across Malawi.
A Dramatic Shift in Preference
The survey reveals a profound societal pivot. Nationally, 64% of Malawians now prefer informal justice systems, up from 53% in 2018. In rural areas, the preference rises to 68.7%. Actual usage has more than doubled, from 15.6% in 2018 to 32.2% in 2025, signaling a decisive move toward community-based dispute resolution.
Cracks in the Formal System
The report paints a damning picture of Malawi’s formal justice system:
Collapsing Confidence: Knowledge of the formal system has dropped from 81% in 2018 to 70.9%. Among users, 30.8% are dissatisfied, citing unfairness (35.7%), corruption (29%), and delays.
Perceived Corruption and Elitism: 75% believe the system is prone to corruption, 76.5% say laws favor the rich, and 43.5% see bias toward political leaders. Only 10% think public authorities consistently follow the law.
Access Barriers: Geographic distance, complex procedures, and high costs make formal justice inaccessible. Only 23.8% of disputants had legal representation.
The Appeal of Informal Justice
Citizens are turning to local systems for good reason:
Speed and Efficiency: Over 90% of disputes in informal settings are resolved within five days, compared to years in court.
Proximity and Cultural Relevance: Local leaders—47.7% of cases handled by Village Heads—understand community customs and history, making them accessible and relatable.
Affordability and Trust: While 50.3% of users pay cash (averaging MK 98,000), these costs are predictable and often lower than cumulative expenses in the formal system. 70.8% of citizens trust the fairness of informal processes.
Risks of Informality
Despite its appeal, reliance on informal justice carries serious risks:
Lack of Oversight: Proceedings often leave no records, follow no standard guidelines, and have weak links to formal courts for severe crimes like gender-based violence.
Gender Inequality: Women’s access is limited by cultural norms, and representation in dispute resolution forums is low.
Local Corruption: Focus groups reveal growing corruption and nepotism among traditional leaders, with decisions sometimes favoring connected families.
A Nation at a Crossroads
The 2025 JAS is a national alarm bell. It shows a population disillusioned with state-backed justice, reinvesting authority in pre-colonial structures. This trend is a vote of no confidence in the courts and police.
“The state’s justice system is seen as distant, expensive, and corrupt, while the informal system, despite flaws, is immediate, comprehensible, and culturally legitimate,” the report concludes.
The government faces a critical choice: implement systemic reforms—tackling corruption, deploying mobile courts, expanding legal aid—or risk the entrenchment of a parallel, unregulated justice system that, while maintaining short-term peace, could undermine human rights and the rule of law for generations.
Source: Malawi Nyasa Times
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