Like many other nations that were once under the rule of the British Empire, Malawi inherited laws that treated suicide as a criminal offence. These punitive measures perpetuate stigma and hinder the provision of appropriate mental health support to individuals in crisis. Suicide attempt laws do not align with modern mental health care principles and emphasise punishment over compassion and assistance.

The country operates under Common Law, meaning the law is based on the decisions of judges who help interpret and apply statutes and create new laws and offences from time to time. Also known as Case Law, these judgments create precedents to be followed by other courts. These court judgments must comply with statute laws made by parliament, highlighting the significant power of the political process in law reform.

Traditional law governs marriage and family matters in Malawi. Tribal Elders and the local Clergy administer the rituals around death and burial. Tribal law can also resolve disputes involving inheritance.

Traditional law is typically administered by chiefs and village leaders who play a significant role in local communities. Chiefs are responsible for interpreting and enforcing customary laws within their jurisdictions. Malawi has a dual legal system that includes customary and formal statutory laws. Malawi's constitution recognises customary law's role and traditional leaders' authority. It also emphasises the need to protect the rights and welfare of individuals within the context of traditional practices - but there may be conflicts or overlaps between these two legal systems. The judiciary occasionally deals with cases involving customary law and conventions.

Section 229 of the Malawi Penal Code criminalises suicide attempts, stating: “Any person who attempts to kill himself shall be guilty of a misdemeanor.”

A misdemeanour is defined in s 4 of the Code as “any offence which is not a penalty”.

Section 34 of the Penal Code describes the penalty for misdemeanours: “When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with a fine or with imprisonment for a term not exceeding two years or with both.”

It should be noted the Criminal Procedure and Evidence Code 1967 provides judges at s 337 the right to absolutely discharge or place on probation any offenders if “it is inexpedient to inflict any punishment” after factors including but not limited to “health or mental condition of the accused” are considered.

Therefore the maximum penalty is two years in prison, which may involve hard labour and/or fines of no specific limit. If the sentence is shorter than three months and the individual is employed, they can request their incarceration fits in with their work commitments. Per Section 34 of the Penal Code, the court can impose fines with prison or as an independent penalty.

Neither the Penal Code nor the Deceased Estates (Wills, Inheritance, and Protection) Act of 2011 include provisions that invalidate a person's will solely because of death by suicide. However, if the deceased created their will in the period leading up to suicide, questions about their capacity may arise. Section 5(1) of DEWIPA specifies that a valid will can only be made by a person of "sound mind."

Malawi is a signatory to The United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) - the "International Bill of Human Rights". It has agreed to "recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health","assure to all medical service and medical attention in the event of sickness," and, "take adequate measures ... to prevent suicides."

Malawi is also a member of the World Health Organisation, which states in its preamble that “Health is a state of complete physical, mental and social well-being” and that “The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” Preambles provide context to the agreement.

The country does not yet have a National Suicide Prevention Strategy.

Christian missions came to Malawi in the 19th century. The Catholic Church is the largest church, followed by the Church of Central Africa Presbyterian. Other large Christian groups are the Pentecostals, the Seventh-day Adventists, the Anglicans, and the African independent churches. The Malawi Council of Churches is the ecumenical body. There is also an Evangelical Association of Malawi, which is affiliated with the WEA.

In Malawi, there has been a surge in suicide attempts, prompting legal action. In 2022, a 41-year-old man attempted suicide after being caught stealing from his workplace and received an initially harsh 18-month prison sentence, which was later reduced on appeal.

Another 41-year-old man attempted suicide in January 2023 and is expected to face charges once he recovers. In July 2022, a 40-year-old man was taken for mental examination after being talked down from a suicide attempt, with no further updates on his case.

Distressingly, media reports are sensational in their presentation. Reports consistently disclose the identities and personal details of those attempting suicide, often providing extensive information about the incidents, as seen in the case of a 17-year-old girl in 2016.

Historically, mental health has been overlooked in Malawi. In 2017, a significant report called "Out of Sight, Out of Mind" highlighted mental health service delivery issues and injustices against patients in the Central Region.

In 2021, the Malawi Human Rights Commission expressed concerns about the government's inadequate investment in mental health when it announced the drafting of a Mental Health Bill by the Ministry of Justice. The bill was to be presented in February 2022 but has stalled at the cabinet level.

Unfortunately, the Mental Health Bill was drafted before a surge in suicides in the country and doesn't adequately address suicide prevention. Dr. Michael Udedi, the former Assistant Director of Clinical Services for Mental Health, has advocated for decriminalising suicide, a movement supported by various stakeholders in the health sector.

QUOTE: "The rising cases of suicides recently tell us the severity of the mental health problem among us, which we are not adequately addressing."

• Harry Kawiya, a psychiatric clinical officer at the Zomba Mental Hospital, Malawi's only referral mental health facility and one of the two specialised institutions in the country.

Religious denominations, like the Malawi Council of Churches, have declared suicide a significant problem, and St John of God has advocated for creating a National Suicide Strategy.

For the bill to move forward, a concerted effort is needed to bring together interested parties, such as Academia to help shape fact-based research, Healthcare workers who bring frontline expertise to the health crisis, and Media outlets, including journalists and editors, to communicate information and influence perceptions.

The audience for these efforts are Policymakers, Police, Judiciary and Religious Leaders.

President Chakwera has expressed concern about the rising suicide rates, but has also attributed the rise in suicide to people “giving up easily”. This assumption ignores the many factors that inform an individual’s journey to despair.

The police and judiciary have shown mixed views on suicide, with some senior officials supporting leniency whilst others strongly oppose decriminalisation. There have been several incidences of suicide within the Malawi Police force, leading female officers to take a leading role in addressing the problem. In Feb 2023 Phalombe Police Officer in charge Joyce Mtambo made a plea during a mental health awareness meeting organised by the women police officers’ network for male police officers to open up about any issues that may trouble them.

Religious denominations, like the Malawi Council of Churches, have declared suicide a significant problem, and St John of God has advocated for creating a National Suicide Strategy.

As of October 2023, there was no National Suicide Prevention Strategy.

The World Health Organization handbook, "National Suicide Prevention Strategies, Progress, Examples, and Indicators," offers insights into effective suicide prevention practices worldwide. It is a resource for governments and organizations working to reduce suicide rates by sharing valuable information, best practices, and indicators to measure the success of these effort.

Currently there are four crisis lines in Malawi.