Lawyers in Malawi will now have to prove they have offered free legal services (probono) to the underprivileged if they want to renew their practising licenses, the Malawi Law Society (MLS) has announced.
MLS says it is tightening enforcement of the long-standing rule requiring legal practitioners to provide at least 24 hours of probono legal services annually.
The move comes as some lawyers fail to meet this obligation thus leaving many Malawians without legal representation.
MLS President Patrick Mpaka said while lawyers are already aware of the requirement, strict enforcement is necessary to ensure justice is accessible to all.
“The provision of probono legal services is not just an ethical duty but also a professional obligation.
“This initiative ensures that lawyers contribute to social justice and make legal representation accessible to the most vulnerable,” Mpaka said.
The probono legal services provision seeks to support the Malawi Legal Aid Bureau, which provides services to low-income Malawians.
However, the bureau is underfunded and understaffed and has been struggling to cope with demand for legal services from Malawians who cannot pay for such services elsewhere.
According to Malawi Legal Aid Bureau acting Director Chimwemwe Chithope-Mwale, the institution currently has over 27,000 registered cases, with only 48 legal aid advocates serving all Malawians.
“We have a lot of cases that can be referred to private lawyers for probono work,” Chithope Mwale said.
He further said with the current caseload, each legal aid advocate handles around 560 cases, which he said is overwhelming.
In 2024 alone, the Bureau registered 4,000 cases, yet only 300 private lawyers took on probono cases, despite over 1,000 practising lawyers being eligible.
Malawi Legal Aid Bureau was established under Section 3 of the Legal Aid Act, 2011.
The MLS stance is expected to push legal professionals toward fulfilling their responsibility to serve the public and uphold social justice.
In 2023, MLS, in collaboration with the legal aid bureau, launched an initiative to provide free legal services to individuals who cannot afford representation.
Currently, 50 lawyers have been assigned to each district to provide free legal services.
Last week, MLS engaged chief resident ragistrates across the country to sensitise them on the probono scheme.
The society said it targeted these judicial officers because they have the capacity to also sensitise fellow magistrates and can identify people in need of free legal services and direct them accordingly.
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