Court fees and access to justice: towards a policy-oriented approach in Malawi

In this article, the author examines the rise in court fees which has been decided in Malawi. The author argues that this increase is excessive and contravenes the constitutional right of access to justice, as poor litigants cannot afford the fees and thereby cannot access the justice system. In his analysis, the author suggests that the decision-makers in Malawi should adopt a policy-oriented approach in reviewing court fees in order to protect citizens’ rights and achieve equality.