13 000 inmates packed in 5 000 capacity structures

Eight years after the High Court ordered the Malawi Prisons Service (MPS) to halve congestion in the penal institutions within 18 months, the prisons with a capacity of 5 000 are now filled with 13 000 inmates.

Officials have largely blamed the development on an archaic Prisons Act that does not provide room for decongestion.

The Prisons Act was enacted during the colonial rule and is over 59 years old. The law was enacted on April 23 1956 to provide for establishment of prisons within Malawi, a Prison Service, the discipline of prison officers, management and control of prisons, prisoners and other aspects.

Inhuman conditions in prisons have forced the Malawi Law Commission to consider reviewing the Act and incorporate measures that would help decongest the prisons.

Speaking during a Northern Region consultation meeting on the review of the Act yesterday, chairperson of the Special Law Commission on Prisons’ Act Review, justice Kenan Manda, said review of the Act is critical as it has great significance in reforms within the criminal justice system.

“The court held that the prisons in Malawi amounted to inhuman and degrading treatment of prisoners, contrary to Section 19 of the Constitution and ordered the Prisons Service to reduce prison population by half within a period of 18 months.

“It is against this background that the Malawi Prisons Service decided to conduct a review of the Act with the broad aim of aligning the law with dictates of the constitution and applicable international law and principles on administration, governance and management of prisons and prisoners,” said Manda.

To address issues of congestion, the commission has taken a step to consider establishment of halfway houses and a parole system.

MPS commissioner responsible for operations Masauko Wiskot said the old Act, apart from impinging on prisoners’ rights, has also put a number of officers in trouble.

“Where there is congestion, there are various problems such as shortage of food, medical drugs and others. Prisoners’ health is a major area of concern when there is congestion. Issues of airborne diseases are rampant. Already, there is a problem in Mzimba where screening detected six cases of a multi-drug-resistant TB. The situation is very alarming,” said Wiskot.