On a Tuesday afternoon in July, a magistrate sits inside a local prison in Malawi. A remandee stands before him and begins to share his story: he was arrested for stealing goods valued at 50 000 kwacha (30 USD), but the complainant never appeared in court. The prisoner has spent over three months awaiting progress on his case, with little movement. However, the day the magistrate hears his case, the prisoner is released.

This is one of many sessions in Malawi’s camp courts, mobile courts designed to ease the burden on the justice system and address prison overcrowding. Borrowed from India in the early 2000s, camp courts save the time and expense of transporting prisoners to the courtroom while facilitating access to justice.

The process begins with local paralegals compiling a list of remandees whose cases require attention. This list is submitted to a magistrate, who then holds hearings inside the prison. On average, each camp court hears 15–20 bail applications, with 10–15 resulting in successful outcomes.

Camp courts have played a significant role in securing bail and facilitating the release of prisoners across Malawi. According to a recent report by Penal Reform International (PRI), nine camp court sessions were conducted in each of Maula Prison and Mzuzu Prison in December 2023. In Maula Prison, judges and magistrates reviewed 165 cases (assessed to be eligible for release) and ordered the release of 108 prisoners. In Mzuzu, judges reviewed 170 cases; of 103 prisoners that were eligible to be released, 65 were released. These results are especially significant given that each case reviewed in a camp court costs approximately 6 USD, while keeping one person in prison for a month costs 36 USD.

Camp courts play an important in Malawi, where prison overcrowding is chronic. Most prisons exceed their capacity by 200%, leading to severe health and human rights consequences. Many prisoners are forced to sleep in a sitting position (shamba) and develop severe foot calluses, which often become septic and lead to skin disease. Prisons have also become hotspots for the transmission of HIV, which spreads through both consensual and non-consensual sexual activity. Mental health is another major concern, particularly for inmates on death row.

Camp courts were pioneered by Penal Reform International (PRI), an international NGO working on criminal justice reform. In collaboration with other organisations, PRI helped establish the Paralegal Advisory Service Institute (PASI), a nationwide network of trained paralegals working to expand access to justice throughout Malawi. One of the key partners in this initiative was the Centre for Human Rights Education, Advice and Assistance (CHREAA), a nonprofit dedicated to advancing the rights of prisoners and other marginalised communities. According to CHREAA’s Founder and Executive Director, Mr. Victor Mhango, the organisation initially facilitated camp courts in southern Malawi but now supports these efforts across the entire country.

Camp courts began when paralegals noticed extensive issues with prison overstaying. Legally, individuals can only be held in prison with a valid remand warrant. However, paralegals observed that many of these warrants had expired, yet prisoners remained in custody because prosecutors failed to bring them before a magistrate for review. Camp courts offered an innovative solution that operated within the existing legal framework, redefining what courts could look like.

“A court is not the building. Rather, it is the people inside it,” said Mr. Mhango.

In the past 25 years, camp courts have expanded in scope and impact. Initially limited to misdemeanours and other minor offences, camp courts are now used for homicide cases, with High Court judges visiting prisons to facilitate releases and bail or extend remand warrants. The camp court model is used across prisons, including young offender and juvenile facilities.

Malawi’s camp court model has been praised by other countries such as Zambia. Moreover, camp courts have spread throughout many other African countries. For example, in the Democratic Republic of the Congo (DRC), gender mobile courts have been used to try gender-based violence cases. Mobile courts have also been used in Somalia and Sierra Leone to increase access to justice and promote the formal justice system.

Looking ahead, Mr. Mhango remains confident that camp courts will continue to play an important role in the criminal justice system in Malawi.

Written by Shilpa Rao, Legal Intern, Southern Africa Litigation Centre