Law Society, Legal Aid fight on
Malawi Law Society (MLS) has described as a “political movement” a proposal by Legal Aid Bureau to allow legal aid assistants, widely known as paralegals, limited audience in magistrate’s courts in categorised cases.
MLS has remained a lone voice since the campaign started to amend Section 14 of the Legal Aid Act to allow the paralegals the limited audience while the bureau has enjoyed support from the Judiciary, Legal Affairs Committee of Parliament, the civil society and other stakeholders, including some individual lawyers on the proposal for limited audience in magistrate’s courts.
During a training for lawyers on professional ethics and discipline for life in Mzuzu on August 30 2021, MLS president Patrick Mpaka said there have been several emerging issues that are tearing the profession apart that require redress.
He said: “Take a look at deliberations on the political movement that has emerged to amend Section 14 of the Legal Aid Act. See how we have torn each other apart, how we have glorified individualism over our communal interest.”
But Legal Aid Bureau director Masautso Chamkakala said in an interview he is a member of MLS and that he did not believe his president called the bureau a political movement. He said if Mpaka did, then it was unfortunate.
He said: “However, we may have to remind each other that every legal reform is a deliberative and consultative process where it is natural to have opposing views. In that regard, it is prudent that debate whilst desisting from the urge to attack each other personally.
“We, as a bureau, are aware that every legal reform eventually becomes a political question which has to be considered by the Legislature, which by law is a political body.”
During the Mzuzu lawyers’ training, Mpaka further expressed his concern over how some lawyers have vilified the institutions that are meant to hold them together.
He said: “Looking at how some of us have behaved, most often publicly, between 30th July [2021] and now, I honestly don’t know whether we must carry on with these trainings.
“It is as though we have never heard of an MLS Code of Ethics. It is as if the Lelpa [Legal Education and Legal Practitioners Act] does not exist. It is as though we haven’t been reminded of Techno Ethics and Marketing Ethics.
“Just take a look at Facebook pages, WhatsApp exchanges and newspaper headlines, stories and interviews in the period between 30th July and now. See how we have featured as a profession.
“Look, for example, at the remarks made by lawyers on topics such as the famous pro bono costs, the death penalty issue and the Supreme Court perfected decision as well as ‘the smuggled loan bill’.”
The MLS president said it was remarkable how otherwise able members of MLS are departing from their basic script at will. He said that conduct was not going to help anyone of them. In a public statement dated September 7 2021, MLS came out firing on all fronts over the proposal by the bureau to amend the law on legal representation, faulting the process as unconstitutional and illegal.
