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HRCC calls for state asset seizures law reform amid criminal wealth vice

LILONGWE-(MaraviPost)-The country’s Human Rights Consultative Committee (HRCC) is calling for an evidence-based review of Malawi’s property forfeiture laws to curb allegations of selective justice and build public trust in asset recovery.

Addressing the news conference on Friday, August 21, 2026 in the capital Lilongwe, HRCC leadership announced plans to formally submit a Reform Charter to the Law Commission to overhaul the legal framework governing state asset seizures.

HRCC Board chairperson Robert Mkwezalamba stressed that while the State must strip criminals of ill-gotten wealth, authorities remain duty-bound to account for all property taken in the public interest.

“We must resist both extremes. We must not allow criminal wealth to hide behind claims of human rights.

“But neither should human rights become collateral damage in the fight against criminal wealth. The answer lies in a legal system strong enough to do both,” said Mkwezalamba.

To ensure consistency in asset preservation, HRCC is proposing an audit of aggregate data from the Judiciary and law-enforcement agencies to track seized properties, disposal methods and proceeds realized.

The coalition is expected to roll out consultations with the Ministry of Justice, Judiciary, Parliament and legal scholars to draft the legislative reform proposals.

During the press briefing, HRCC also applauded the Judiciary’s decision to release Sylvester Namiwa, Executive Director of the Centre for Democracy and Economic Development Initiatives (CDEDI), on bail.

Mkwezalamba told the media that he expects Namiwa to resume his advocacy work, but to refrain from remarks similar to those that resulted in his detention.

The Lilongwe High Court granted bail to Namiwa, who is answering charges of treason and publication of false news likely to cause alarm.

The charges arise from statements he made prior to his arrest a few weeks ago.

Judge Mvula imposed seven bail conditions. Namiwa is required to enter a MK5 million cash bond, and to produce two sureties of MK10 million each on a non-cash basis.

He must report to police every Monday, reside at his Kaphiri home, and deposit his passport with the court registry.

Further, Judge Mvula directed that Namiwa must not comment, directly or indirectly, on the subject of the trial, and must not hold press conferences until the case is finalized.

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