The recent arrests of high-ranking members of the Malawi Congress Party (MCP) in the wake of their defeat in the September 2025 General Election have prompted accusations of political persecution.
Critics and leaders of the opposing parties contend that the crackdown is a classic example of a political witch-hunt designed to weaken the opposition.
Some critics claim that law enforcement is singling out opposition figures and disregarding comparable accusations or actions made by members of the reigning political party.
For instance, despite the fact that several influential members of the Democratic Progressive Party (DPP), including Richard Luhanga, Enoch Chihana, Norman Chisale, and Alfred Gangata among others, are currently out on bail, President Mutharika has controversially given them public positions as a form of appeasement.
Furthermore, the apprehensions took place shortly after the general election of September 2025, a time when the nation was promised to become more stable.
This has raised doubts that the arrests are being made with the intention of weakening the MCP’s ability to reform, reinvigorate and rebuild itself.
Critics claim that arresting individuals for political reasons will not offer any solutions to the economic challenges currently plaguing Malawi.
Regrettably, Members of Parliament such as Sosten Gwengwe and Sam Kawale were detained while actively engaging in discussions within parliamentary committees, an act that opposition leaders see as an attempt to criminalize their legislative duties.
In fact, section 60(1) of the Constitution of Malawi states that the Speaker, Deputy Speaker, and every member of the National Assembly are privileged from arrest while: 1) going to or returning from the National Assembly 2) while within the precincts of the National Assembly.
Section 4(b) of the National Assembly Act explicitly states that no member shall be liable to arrest within the precincts of the Assembly while a committee is sitting for any criminal offence without the consent of the Speaker.
Additionally, section 5 of the National Assembly Act also prohibits the execution of any court process within the precincts of the Assembly while it or its committees are sitting.
In many cases, officials have been detained for days without formal charges, leading legal practitioners such as Justin Dzonzi to warn against abuses of the 48-hour detention rule.
For instance, Richard Chimwendo Banda experienced intense excruciating mental torture from being held in custody for an extended period without being formally charged.
Accusations suggest that the arrests have specifically focused on prominent figures within the party, such as MCP Secretary General Richard Chimwendo Banda and spokesperson Jessie Kabwira, in an effort to dismantle the leadership hierarchy.
It is very unfortunate that certain arrests, like those pertaining to accusations of libel or calumny, are regarded as an attack on the right to express oneself freely and are aimed at silencing outspoken opponents of the present government.
Unfortunately, the accusations of biased intentions are supported by provocative declarations made by officials like Norman Chisale, the Deputy Minister of Homeland Security, which the MCP asserts reveal a biased agenda instead of a genuine quest for justice.
In fact, during a political rally, Norman Chisale was heard giving orders to the Malawi Police Service to detain specific individuals responsible for attacking a DPP female member during Chakwera’s administration.
Whether the arrest occurred or not, it is insignificant. The order mattered most.
Hence, it is not surprising that ex-President Lazarus Chakwera and other officials have expressed concerns about an increasing disregard for the rule of law.
They have accused the police of carrying out searches and detentions without valid warrants or respecting the rights guaranteed by the constitution.
It is regrettable that there are suspicions that the arrests are being utilized as a distraction from the current administration’s inability to fulfill economic commitments or tackle increasing living expenses.
In conclusion, as a law professor, President Mutharika is expected by the people of Malawi to uphold the principles of rule of law, justice, fairness, and peace.