Hearing of some homicide cases has stalled due to unavailability of funds to the Legal Aid Bureau.
Last year, the bureau wrote the Judiciary informing it that the bureau’s coffers have run dry and that it cannot afford to provide legal representation to homicide suspects.
According to the Judiciary Spokesperson, Mlenga Mvula, following the development, the Judiciary asked suspects that can afford to hire private lawyers to do so, while some cases are being referred to the Malawi Law Society for assistance.
“When the two options fail, the cases are adjourned to give time for the Legal Aid Bureau to get funding in the next financial year so that it can represent them [suspects]. However, as the judiciary, we are trying our best to ensure that justice prevails for homicide suspects with or without the Legal Aid Bureau because access to justice is a human right which we cannot deprive suspects of,” Mvula said.
However, Mvula, could not give the number of cases that have been adjourned so far saying they are still compiling the cases.
In October last year, Justice Maclean Kamwambe, said at least 1,000 homicide suspects who are on remand had not accessed justice due to the backlog of criminal cases.
“The Judiciary set up the Criminal Division Unit late last year that is facilitating the hearing of all criminal cases, including those related to homicide. Judges are still travelling to all the districts to hear and deliver judgments on such cases,” Mvula said.
In January alone, Kamwambe had a total of 29 homicide cases, of which 13 were heard, 16 are pending hearing.
In the same month, Justice Sylvester Kalembera had 27 homicide cases, of which 10 are pending hearing and 17 are pending judgment. Justice Nyakaunda Kamanga had 42 cases, of which seven were heard and 35 are pending hearing.
However, nationwide figures on the same are yet to be released.
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