LILONGWE-(MaraviPost)-The Human Rights Consultative Committee (HRCC) has urged Malawians to uphold constitutional principles and due process in the wake of growing public calls for the resignation of the country’s Attorney General.
Addressing the news conference on Friday, HRCC Board Chairperson Robert Mkwezalamba observes that said the demands on Attorney General (AG) Frank Mbeta’s resignation is not adding up.
Despite acknowledging accountability as cornerstone of any democratic society, the committee, emphasized the need to be pursued within the confines of the Constitution and established legal procedures.
According to the HRCC, the matter under public debate relates to events allegedly connected to the Attorney General’s prior private legal practice, as well as a court order reportedly restraining investigative action. The Committee noted that, as it stands, there is no criminal charge, indictment or conviction against the Attorney General.
Citing Section 42(2)(f)(iii) of the Constitution, HRCC stressed that every person accused of a criminal offence is presumed innocent until proven guilty in a court of law. It warned that suspicion cannot replace proof, and allegations cannot substitute judicial determination.
The Committee further underscored that seeking protection from the courts is a constitutional right available to every Malawian, including public officials. It argued that invoking judicial remedies cannot be interpreted as misconduct.
HRCC pointed out that if a court granted an order restraining investigative action, responsibility for that decision lies with the court itself an independent constitutional body mandated to assess evidence and apply the law. It cautioned against attributing wrongdoing to an individual merely because judicial relief was granted.
Where concerns exist about the propriety of a court order, the Committee said, the law provides mechanisms such as appeal, review or applications to set aside or vary the order.
Resorting to public pressure, it warned, risks undermining the very legal system designed to resolve such disputes.
The HRCC also highlighted the constitutional role of the Attorney General under Section 98, describing the office as the principal legal adviser to government. It clarified that the Attorney General does not investigate, prosecute or adjudicate criminal matters responsibilities that fall under other institutions.
Removal from office, the Committee noted, is only permissible on specific legal grounds such as incompetence, incapacity or compromised impartiality. Allegations alone, without established facts or legal findings, do not constitute lawful grounds for removal.
While making it clear that it does not defend impunity, HRCC maintained that credible evidence of wrongdoing must be handled through lawful investigation and, where appropriate, prosecution.
Accountability, it said, must remain evidence based and consistent with constitutional safeguards.
Quoting Sections 19 and 20 of the Constitution, the Committee reaffirmed that dignity and equality before the law apply to all persons, regardless of public office. It warned against “trial by media” and resignation driven by rumor rather than lawful process.
HRCC called for restraint, responsible public discourse, and unwavering respect for due process, arguing that Malawi’s democracy is safeguarded not by outrage, but by adherence to the rule of law.