Malawi

Defence

Legal research, analysis and drafting support

Lawyers in Malawi use AI-powered legal research and/or drafting software, such as LexisNexis or QuillBot. Lawyers also use publicly available commercial tools such as ChatGPT. 

The Frontier Tech Lab’s pilot project (discussed above) will assist the Legal Aid Bureau and the judiciary  in preparing cases more efficiently. 

The Knowledge 4 All Foundation (a non-profit organisation) has begun a project to build semi-automatic tools for extracting metadata from Malawi court judgments. The tool is based on a body of court judgments from 2010-2019, partly from the MalawiLII platform and partly from the High Court library in Blantyre, Malawi. The Knowledge 4 All Foundation is in the process of extending the tool to include other Malawi laws, codes, and statutes that are relevant to criminal cases. The information extracted includes: 

1. Name of case
2. Number of cases
3. Year in which the case was filed 
4. Year in which judgment was given and the court which issued the judgment
5. Names of judges 
6. Names of parties involved 
7. References to other cases
8. References to laws/statutes and codes
9. Legal keywords. 

The Knowledge 4 All Foundation is in the process of extending the tool to include other Malawi laws, codes, and statutes that are relevant to criminal cases.

Although Malawi’s e-court system currently does not incorporate AI, there are ongoing efforts to expand its functionality through AI, including, for the defence: AI-assisted drafting of claims, and bail applications. 

TRAINING

The Malawi Law Society has provided training to practitioners on the responsible use of technology in legal services. Under section 30(5)(c) of the Legal Education and Legal Practitioners Act,  legal practitioners are required to attain a minimum number of units of continuing legal education as a prerequisite to renewing their practising licences. 

REGULATION

There is no general legislation on the use of AI in force in Malawi nor are there dedicated laws or guidelines expressly regulating its use in court. The UN Development Programme’s 2025 Digital Readiness Assessment calls for a ‘National AI and Data Strategy’ and recommends that Malawi develop ‘proactive regulatory frameworks for technologies like AI’. Existing laws and guidelines should apply to the use of AI tools in court, including criminal procedure rules that have been amended to reflect an increased use of technology in court,  such as remote hearings via CCTV and submission of electronic evidence.

Guidelines for practitioners 

Legal Education and Legal Practitioners Act and Malawi Law Society Code of Ethics 

Cases concerning violations of legal ethics are regulated by the Malawi Law Society Code of Ethics, which provides, for example, that a lawyer ‘must not mislead another lawyer’. The Legal Education and Legal Practitioners Act regulates legal education and admission to practice, including the disciplining of legal practitioners. The Code and the Act should apply to violations of ethical rules by legal practitioners involving the use of AI tools. 

Criminal procedure rules

Even though they do not target AI, there are rules of procedure and evidence that may apply to the use of AI in criminal proceedings. AI tools must not violate the requirements set out in these rules, for example, as regards the submission of affidavits or other evidence. 

Criminal Procedure and Evidence Code 

There are several procedural safeguards in the Criminal Procedure and Evidence Code, including provisions on how evidence is adduced. The use of AI tools in criminal proceedings is subject to the Code, which has in the past been amended to give leeway to the use of technology. For instance, in 2010, section 71A was enacted to permit victims of sexual offences to give evidence from outside the courtroom via CCTV. 

Electronic Transaction and Cyber Security Act 

The Electronic Transactions and Cyber Security Act, enacted in 2017, includes provisions which may apply to AI tools used in court. Sections 80-82 provide for public bodies to take steps to ensure that their functions can be accessed and carried out electronically. Even though they are not expressly mentioned, this should include the courts. And section 16 sets out the rules for admitting electronic messages as evidence in court proceedings, including how to assess their evidential weight. 

Outside the context of criminal proceedings, the provisions of the Electronic Transactions and Cyber Security Act have already started defining how legal services can be offered electronically. For example, the High Court has confirmed that under the new framework, sworn statements or affidavits can be signed and commissioned virtually, provided that certain steps are complied with: see Qingdao Recycling Ltd v Bai Li and two others (unreported) Commercial Cause Number 122 of 2025 (ruling dated 20 July 2025); and Chawezi Banda (aka CHA-CHA) v Hana

Data protection legislation 

Data Protection Act 

In 2024, Malawi enacted the Data Protection Act, which provides a regulatory framework for protecting personal data. It should also apply to AI systems processing personal data although they are not specifically mentioned. The Act designates the Malawi Communications Regulatory Authority (MACRA) as the data protection authority responsible for overseeing its implementation and enforcement. The Act strengthens the rights of the defendant. For example, in Chanthunya v. The State (unreported), the Malawi Supreme Court held that evidence obtained illegally (including through illegal state-sponsored digital surveillance) was inadmissible, deviating from earlier High Court jurisprudence, for example in the Kainja and Msukwa cases.

Human rights 

Constitution of Malawi

Within the Malawian legal framework, the starting point is the Constitution, which is the supreme law. Any criminal laws and practices, including the use of AI tools, must comply with it. Section 42 of the Constitution guarantees certain safeguards concerning arrest and  detention and the right to a fair trial in criminal proceedings, which includes the right to  a ‘public trial before an independent and impartial court of law’, to be presumed innocent, to challenge evidence, and to have ‘recourse by way of appeal or review to a higher court than the court of first instance’. Any AI tool in Malawi cannot be designed or used in a way that violates any of these constitutional rights.

Regional and International human rights treaties

Regional and international human rights treaties to which Malawi is a party may influence this framework. Relevant provisions include fair trial guarantees in article 7 of the African Charter on Human and Peoples' Rights, protections of the right to a fair trial and the right to privacy in articles 14 and 17 of the International Covenant on Civil and Political Rights and articles 16 and 40 of the Convention on the Rights of the Child. 

Outlook  

At the international level, the African Union’s 2024 Continental Strategy on AI makes reference to ‘mainstreaming AI in priority sectors’, including ‘justice and law and order’ and encourages the ‘adoption and implementation of ethical principles for AI’. In Malawi, the 2024 Cyber Crimes and Electronic Evidence Bill includes sections on the admission of electronic evidence, including ‘[i]nformation in the form of a data message’ and sets out rules for the assessment of their evidential weight. While the Bill makes no mention of AI, it may be relevant to the use of AI tools in court if enacted. In addition, as at August 2025, an Information and Communications Technology (ICT) policy for the Malawi judiciary and a judiciary strategic plan for 2025 to 2030 were being developed, which may refer to AI although the details remained to be confirmed.

CASES

As at August 2025, there are no reported court cases where Malawian judges have addressed the use of AI by counsel.