Missional Law

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Monday, October 12, 2015

I had the opportunity to meet with Charles Msukwa of Amazing Grace Christian Ministry, Moses Chione of the Paralegal Advisory Service and others at Amazing Grace's office.  The purpose of the meeting was to discuss how the three of us could work together to strengthen Amazing Grace's ministry by providing legal services to the men and women in Malawi's prisons.  This meeting was very informative and productive. 

First, I learned that there were men and women in prison who have been convicted of smaller crimes (they would be considered misdemeanors here) and ordered to pay a fine.  As these men and women were unable to pay the fine, they are being required to serve anywhere from one month to 2.5 years in prison.  However, once the fines are paid, these men and women will be immediately released.  I assumed that the fines would be high.  To my surprise, many of the fines were between $20 to 50. 

Second, I discovered that there are a number of men and women who have been charged with murder that have been in prison for years without having been given the opportunity to post bail. Murders in Malawi generally do not involve intent or malice aforethought.  Many of the cases involve physical altercations over property, or in defense of one's family.  All murder cases are heard by the High Court.  And, a murder defendant must be represented by counsel.  It takes 7 to 10 years for a murder case to go to trial.  As there are limited resources available for representation of murder defendants, bond applications are generally not timely filed.  As a result, murder defendants who are simply accused of the crime and may not be guilty, must remain in prison for years without being given the opportunity to post bail and return home to care for their family.