Supporting access to community-led justice in Malawi

Related pages: Malawi country profile

Being able to access justice has a profound effect on how poor a person is likely to be. Because, without access to justice, you can't claim your rights to land or services, which might mean that you can't get access to water or be able to grow enough crops to feed your family.

Primary justice is a tried and tested way of resolving disputes in Malawi, allowing people to solve their problems and issues using their own community's jurisdiction and resources. Which is why DFID, together with Malawi's government, is supporting primary justice and other justice institutions to ensure that Malawi's most vulnerable citizens get access to justice.

How does primary justice work?

Ndaziona Mwale is 17 years old. Since the death of his parents in January 2004, he has been the head of the family and looks after his three sisters. But when Village Headman Kili took possession of the piece of land that belonged to Ndaziona’s family, Ndaziona felt unable to do anything about it because he was afraid of Kili taking revenge on his family through witchcraft.

The situation was made even worse when Ndaziona was beaten up after he was caught taking cassava from the garden which had been taken from his family. So, his family sought help at a community-based organisation called Domasi Village to Village (DVTV).

DVTV referred the case to another village elder, and in consultation with the community policing committee, they agreed that the case should be reviewed in the village forum.

During the investigation, Kili admitted unlawfully taking the land, and apologised. The forum then ruled that the land should be returned to Ndaziona’s family. Ndaziona was also ordered to compensate Kili for the theft of cassava by carrying out planting work in Kili's own garden. The relationship has since become friendly, and the issue resolved to everyone's satisfaction. Ndaziona explains:

“I am grateful that I wasn’t sent to the police because now I can continue with my primary education and care for my sisters. Through DVTV many orphans like myself who otherwise have no voice or ability to re-claim their rights are being helped.”

Key facts

• About 85% of the people of Malawi use primary justice to resolve disputes
• Currently, DFID's programme in Malawi is focused on the economy, growth, hunger, health, education, governance and safety, security and access to justice. We will spend £65 million in 2005/06, of which £20 million will be on budget support and around £18 million on health. The framework for 2006/07 is £65 million and £70 million in 2007/08
• DFID, working with the Government of Malawi, established the Malawi Safety Security and Access to Justice (MaSSAJ) project in 2000. The MaSSAJ programme works with the police, the prison service and the judiciary as well as the informal sector known as primary justice
• Primary justice has been hailed for enhancing access to justice, using established processes within the community to encourage social harmony, and promote dialogue and linkages between the formal and informal systems. Primary justice is delivered through a variety of institutions and groups, including traditional, religious and community leaders, NGOs and faith-based organisations.

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