The Paralegal Advisory Service Institute (PASI), has brushed off concerns that allowing paralegals to be practicing in the country’s subordinate courts can compromise the legal system.
The development follows continued heated debate between the Malawi Law Society and Legal Aid Bureau on the latter’s move to amend the Legal Aid Act to allow limited legal representation in the courts for its paralegal officers.
Speaking during a panel discussion in Dowa, the Institute’s National Director, Clifford Msiska, said paralegals have a significant role to play in as far as reaching out to the poor with justice.
Msiska argued that Malawi is currently experiencing criminal justice crisis perpetrated by the absence of paralegals in courts.
He said: “I totally disagree because when paralegals appear in the lower courts, there is a safety valve, all cases that are presided by the Magistrates are subjected for review by the High Court.”
“So I don’t think the issue of sanity comes in here because all the errors that will be done at that level the High Court will look into them.”
Commenting on the matter, High Court Judge, Justice Zonde Mvula, has concurred with Msiska that paralegals have a positive impact when it comes to delivering justice to poor people in the country.
“Paralegals are very important in access to justice and I can say they are the first point of call before matters get to lawyers.
“In fact almost every legal house has paralegals, even us in the judiciary we also use paralegals mostly in the Magistrates, and their importance cannot be overemphasized,” said Mvula.
PASI was instituted to oversee paralegals who are given access to prisons, courts and police stations to assist persons in detention by advising them on criminal procedure.