Minister of Justice Titus Mvalo has received a proposal from the Legal Aid Bureau supported by the Legal Affairs Committee of Parliament to review the Legal Aid Bureau Act.

The proposal seeks to introduce amendments to the Act to allow paralegals to represent clients in subordinate courts.

Mvalo: We will keep the nation informed

In an interview yesterday, Mvalo said the ministry is working on the request.

“But I request all interested parties in the matter to be patient and wait for the ministry to do a thorough job on the proposal,” he said.

The minister cautioned that although the matter may look simple, it has a huge bearing on fundamental rights of accused persons enshrined in Section 42(1)(c).

The section reads in part: “Every person has the right to consult confidentially with a legal practitioner of his or her choice, to be informed of his right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State.”

Mvalo said there is, therefore, need to ensure that in implementing the proposed amendments, the law does not breach the fundamental right in Section 42, to the prejudice of the person seeking legal services.

He said: “To ensure effective implementation of the proposals, there is also a need to develop the attendant legal framework to regulate the operation of the paralegals.”

The minister also emphasized the need to take a holistic approach to addressing the mischief identified in the request.

“Once the scrutiny of the proposal is complete all necessary legislation processing procedures, including amendment of relevant parts of the Constitution, will be followed to realise the intended objective. The ministry will keep the nation informed on progress,” he said.

The Legal Aid Bureau last year submitted a proposal to the Legal Affairs Committee of Parliament to amend the law to allow legal assistants a limited audience in magistrate’s courts to offer legal representation to the underprivileged.

But Malawi Law Society (MLS) is opposing the proposal saying if adopted, it will take away the right of legal representation by legal practitioners which the less privileged citizens have.

The society in its 53-page submission to Parliament dated October 18 2021 cosigned by MLS president Patrick Mpaka and honorary secretary Chrispin Ngunde, argues that sections 42(1) (c) and 42(2) (f) (v) of the Constitution give the needy the right of legal representation by legal practitioner and not legal assistant or paralegal.

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