right to counsel

Malawi paralegal investigation given go-ahead by court

The Malawi law society has lost the first round in its battle over turf: it had asked the high court to squash an investigation being planned by the legal affairs committee of the national assembly. The investigation could see a recommendation that paralegals be allowed to defend certain cases in the magistrates’ courts. However, Judge Mike Tembo refused to stop the inquiry, and said the action reminded the court ‘of the colonial days … in which the law severely limited black people’s political participation’.


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The case was brought by the Malawi law society (MLS) that asked the high court to consider whether hearings planned by the legal affairs committee (LAC) of parliament were legal. The hearings would be to investigate proposed law amendments that might allow paralegals to appear and play a limited role in the lower courts.

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