Access to Justice in Patriarchal Communities: Lessons from Malawi

Patriarchy, Succession, and the Usual Narrative

Like most patriarchal African cultures, succession norms often dictate that boys inherit more—or everything—while girls receive a smaller portion or are directed toward marriage, where their “share” is assumed to await them. This is the dominant narrative you will find online when searching about patriarchal African cultures, succession, and gender.

A Different Story from Malawi

In Malawi, however, our visit to a patriarchal community revealed a surprising shift. We interviewed a chief who serves both as a formal professional employee and a cultural leader. His perspective offered insight into how marginalized people navigate informal justice systems.

The chief explained how he has begun incorporating formal law into customary dispute resolution. He shared a case where he relied on the Deceased Estates (Wills, Inheritance and Protection) Act to protect the rights of a female petitioner. As a result, the woman—who traditionally would not have received an equal share—was granted one.

Why Did the Community Accept This “Anomaly”?

This raised an important question: Why would a deeply patriarchal community accept a ruling that contradicts long‑standing cultural norms?

Some argue that communities cling to culture and resist anything contrary. This assumes that formal law and custom are enemies. But our conversations suggested otherwise.

The Influence of Traditional Leaders

From our stakeholder mapping and interviews, one fact stood out: People in these communities still trust and follow traditional authorities.

The cultural leaders explained that community members believe chiefs genuinely want the best for their people—even if they do not always know the most effective way to deliver it. Because of this trust, when the chief rules, people listen.

Where the System Breaks Down

The chief noted, however, that this integration of formal law does not happen at every level of the customary justice referral system. The main reason, he said, is:

“Lack of legal awareness and experience in interpreting the law.”

While he and a few leaders are fluent in English—the language in which formal laws are drafted—many others are not. They are experts in custom, but not in state law.

Not Unwilling — Unequipped

Without access to legal information in a language they understand, most cultural leaders have little opportunity to learn how formal law works or how it can complement custom. They are not resisting change; they simply lack the tools to engage with it.

This is why progressive rulings succeed at the top but stall at the grassroots.

The Missing Ingredient: Legal Literacy

The solution is not cultural surrender. It is legal literacy delivered in local languages.

Traditional leaders need accessible legal information so they can understand that formal law is not a colonial intrusion but an expression of the Malawian people’s will. When chiefs can read, interpret, and explain formal law alongside custom:

– rights become easier to perceive as fair,
– justice becomes more balanced,
– and rulings become more aligned with national law.

Formal law does not have to be an enemy of tradition. It can be an ally.

Empowering Traditional Leaders

Empowering chiefs and cultural leaders with legal knowledge—especially in their own languages—positions them as justice champions. With the right tools, they can harmonize customary justice with formal law and deliver fairer outcomes for marginalized groups.