𝗖𝗵𝗶𝗲𝗳 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗖𝗼𝗺𝗺𝗲𝗻𝗱𝘀 𝗣𝗿𝗼𝗴𝗿𝗲𝘀𝘀 𝗼𝗳 𝗣𝗹𝗲𝗮 𝗕𝗮𝗿𝗴𝗮𝗶𝗻𝗶𝗻𝗴 𝗶𝗻 𝗘𝗻𝗵𝗮𝗻𝗰𝗶𝗻𝗴 𝗔𝗰𝗰𝗲𝘀𝘀 𝘁𝗼 𝗝𝘂𝘀𝘁𝗶𝗰𝗲

The Honourable Chief Justice, Rizine Robert Mzikamanda SC, has expressed satisfaction with the implementation of plea bargaining in Malawi, describing it as an important mechanism for improving access to justice through the timely resolution of criminal cases. He made the remarks this afternoon during a visit to an ongoing plea bargaining session at Zomba Central Prison.

In February 2026, the Chief Justice issued Practice Direction No. 1 of 2026 on the Handling of Plea Bargaining in Prison Camp Courts, pursuant to Section 252A of the Criminal Procedure and Evidence Code (Cap. 8:01 of the Laws of Malawi). The Practice Direction paved the way for the successful pilot plea bargaining initiative held at Lilongwe Prison in March 2026.

Building on the success of the pilot project, the Chief Justice subsequently issued an Addendum to Practice Direction No. 1 of 2026, extending the application of plea bargaining beyond Prison Camp Courts. The extended framework now applies to all courts of competent jurisdiction in Malawi, including the Magistrates’ Courts and the High Court.

Plea bargaining is a process through which an accused person and the prosecution, with the participation of the victim, may reach an agreement to resolve a criminal matter without proceeding to a full trial, with the accused person pleading guilty to a lesser offence or to one or more counts of a charge. The process promotes the efficient administration of justice by expediting case disposal, reducing court backlogs and prison congestion, while ensuring accountability on the part of offenders and safeguarding the interests of victims and the wider public.

The ongoing exercise at Zomba Central Prison involves matters before both the High Court and Magistrates’ Courts and is being conducted in partnership with Pepperdine University.