BY SIFISO NHLABATSI
MBABANE – The experience of Malawi’s Legal Aid Bureau could provide important lessons for Eswatini as the country works to strengthen its own Legal Aid services and improve access to justice for people who cannot afford private legal representation.
A delegation from Eswatini Legal Aid (ELA) currently in Malawi has been engaging with officials of the Malawi Legal Aid Bureau (LAB) and other key justice stakeholders to learn from the country’s experience in establishing, institutionalising and delivering legal aid services.
The visit comes at a time when Eswatini is looking to strengthen access to legal assistance for indigent and vulnerable people, with Eswatini Legal Aid providing legal information, advice, referrals and mediation services to people who cannot afford private lawyer fees.
The delegation’s engagements have included discussions on the institutional development of LAB, its operational structures and the expansion of legal aid services across Malawi.
According to information shared by the Malwai Ministry of Justice, on Wednesday, the delegation met Malawi Minister of Justice and Constitutional Affairs Charles Mhango at Capital Hill in Lilongwe, where discussions focused on the importance of access to justice as a foundation for democracy, social cohesion and economic development.
Mhango described access to justice as a necessity rather than a luxury, saying it was critical to maintaining peace and social order.
“Access to justice is basically the engine oil for democracy, economic transformation, and social transactions in a society,” he said.
The Minister also highlighted the institutional independence of LAB, explaining that although the Bureau operates as a stand-alone institution, it remains under the Ministry of Justice and Constitutional Affairs as its responsible line ministry.
For Eswatini, the experience offers insight into possible institutional arrangements as the country develops its legal aid framework.
During an earlier engagement, the ELA delegation met representatives of Irish Rule of Law International (IRLI) and the Paralegal Advisory Service Institute (PASI), who outlined their respective collaborations with LAB and efforts to improve access to justice in Malawi.
The delegation also visited the High Court Commercial Division, where it interacted with former LAB Director, Justice Trouble Kalua.
Justice Kalua shared LAB’s institutional growth journey, including its expansion from three regional offices to district offices, accompanied by an increase in its staff complement.
He further advised the delegation that establishing ELA as an independent institution could initially facilitate its operations and future development.
ELA Senior Legal Aid Officer Gabsile Ntuli praised Malawi for establishing and institutionalising LAB, describing its frameworks and service delivery model as exemplary.
She also commended Mhango for his commitment to addressing the legal needs of vulnerable people.
The Malawi LAB Director, Chimwemwe Chithope Mwale, said the Bureau continued receiving support from the Ministry, including additional financial resources secured this year that enabled it to procure vehicles to strengthen its operations.
The Eswatini delegation’s learning mission continued on Thursday with a visit to Dowa District, where members observed proceedings at the Magistrates’ Courts and visited the LAB District Office.
The Eswatini Legal Aid office officially opened its doors to the public on August 30, 2023, with technical backing from the United Nations Development Programme (UNDP).
The organization was created to fulfill the constitutional promise of equal justice for all citizens, removing critical barriers that historically left vulnerable people without recourse.
It was formed to protect individuals who are financially unable to afford private attorney fees from unfair treatment in legal matters, correcting a gap where socially and economically disadvantaged groups could not exercise their rights, challenge discrimination, or hold duty-bearers accountable.
#EswatiniPositiveNews #EPN #LegalAid #AccessToJustice #Justice #Eswatini #Malawi #RuleOfLaw #Development
