Somebody once defined life as a process of continuous learning. We wake up each day and get to know the world around us better. And the more we know, the less we trust our previous convictions on how we thought things were.
In this vein, one thing that most Malawians who are critical enough about the state of affairs in this country have learned is that our justice system is very questionable.
On paper, one would think going to the court of law ensures that justice is done; but in reality, this seems not to be the case. The justice system in Malawi gives us more questions than answers.
It is not a lie that a lot of Malawians out there are frustrated with the way our police, prisons and courts operate.
Many are times you will hear people complain that prisons are only for poor people. Such statements may seem trivial, but behind them is some resignation which has been borne out of frustration with how our state agents handle cases.
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Even on social media, people have pointed out small, small things that speak a lot about how these systems treat suspects or convicts from different economic circles.
We are talking about things like the police always handcuffing black suspects while anyone with a different skin colour is left to walk freely, perhaps pointing to the freedom they would be shortly granted by the courts.
It has also been noted that if a court case involves poor people – those who have no names and money – justice is expedited at the speed of light. Those accused of petty theft and other misdemeanours do not take long to be convicted and the State is quick to lock them away.
But when a case involves some big man or woman who speaks English, things change. It even gets worse when that big person has friends whom we voted into positions of power.
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When that happens, the wheels of justice do not even move slowly – they stop moving, their motion probably chocked by millions of Kwacha, and this is one of the reasons we can never even fight corruption in this country.
We still have Cashgate cases from 2013 unresolved, and yet we claim to have a fair justice system in the country. To make matters worse, this laxity has seen some suspects escaping from the jaws of justice after the State has already spent millions pretending to prosecute them.
Those who cross the border as fugitives are often rich and well-connected, which makes us doubt whether they indeed cheated the system or if the system’s inefficiency let them flee.
And many are corruption cases that have been discontinued for one reason or another, and we, the poor, cannot do anything about it. We just wish we were rich enough so that we could also save our relatives who are serving time for stealing fresh maize.
Had some of us also had enough money, we could have hired very good lawyers to help us get our brothers and sisters out on bail pending appeal.
It is only recently that we have learned from the rich that, in Malawi, it is possible to get out of prison while waiting for judges to be born, grow up, go to law school and listen to your appeal.
That may take about 40 years, if you are unlucky, but if the gods are with you, you know how the story ends.
This is something that so far has been a privilege for the very rich and powerful, and we are still learning from those who know. They must teach us so that we understand whether poor Malawians can also walk free after being convicted.
Looking at how things are done in this country, it is very difficult for an ordinary Malawian to trust our justice system, or any system for that matter.
Here, money rules and the poor are at the receiving end of any whips that may be unleashed in disguise of orderliness.
We are failing to reform our systems and make them work for the benefit of the nation. As such, we will continue on this road and those who have the capacity to abuse the system today will not be afraid to do so for there will be no consequences tomorrow.
