By Vincent Gunde
The case of Form Three student Esther Hassan, who has spent 36 days on remand over an alleged phone theft, has raised fresh concerns over the number of suspects staying in Malawi’s prisons for prolonged periods without being formally charged.
Hassan, a student at Kamuzu Barracks Secondary School, is currently unable to return to school as classes reopen on September 14, 2026, because she remains in custody without having been formally charged with the alleged offence.
Malawian prisoners
Her case came to light when the Women Caucus visited Kachere Prison in Lilongwe, where they reportedly found that some suspects had spent years on remand without being formally charged.
The visit was the second time concerned women’s groups have visited Kachere Prison.
During an earlier visit, the groups found women nursing babies in prison, a situation that contributed to some inmates receiving presidential pardons.
Lawyer Chrispine Mndala has since offered to assist Hassan with her bail application, saying he has already completed the application.
Meanwhile, a concerned citizen, Elizabeth Kaliza Banda of Area 51 in Lilongwe has appealed to lawyers across the country to emulate Mndala’s gesture by offering legal assistance to people who cannot afford representation.
Banda has also called on authorities to regularly visit prisons and witness first-hand the conditions under which inmates and suspects are living.
She says many prisoners spend long periods doing little or no productive work and urged the government to consider involving eligible inmates in productive activities, particularly agriculture, as part of efforts to improve food security.
“The Greenbelt initiative would have been productive if prisoners were used in providing services to government other than staying in prison and doing nothing,” says Banda.
She says her observations at Maula Prison showed that many prisoners spend several hours in the sun before being locked in their cells, questioning how much productive work can be achieved under such conditions.
Banda has further appealed to president Arthur Peter Mutharika to make unannounced visits to prisons, including at night, to witness the conditions faced by suspects on remand.
She says such visits expose the congestion and difficult conditions in which some remand prisoners are kept.
Banda has also urged Legal Aid Services to strengthen its outreach to prisons and identify suspects who need free legal representation.
She says regular visits to prison cells can help Legal Aid Services identify people who may qualify for assistance and potentially secure their release, thereby reducing congestion in the country’s prisons.
The concerns come amid growing calls for authorities to address prolonged remand periods and ensure that suspects are afforded their legal rights within the justice system.
