Human Rights
Court slams police over unlawful seizure of refugees’ property
The Southern Africa Litigation Centre (SALC) hailed the ruling as a victory for justice and human dignity, saying it reaffirms the power of the law to protect vulnerable individuals and holds authorities accountable for abuses against refugees and asylum seekers.
The Lilongwe Magistrate’s Court has ordered the release of property belonging to refugees and asylum seekers that was confiscated by the Malawi Police Service during a controversial relocation exercise to Dzaleka Refugee Camp.
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During the enforcement of the directive, the Malawi Police Service and the Ministry of Homeland Security arrested and detained over 500 people suspected to be refugees or asylum seekers which included 117 children at Maula Prison.
At the same time, the police confiscated property, including the Applicant’s containers, on suspicion that they contained illegal items, however, no incriminating evidence was found after a search.
Felisah Kilembe, a naturalised Malawian citizen, originally from Burundi, whose containers were seized by the law enforcers in 2023 brought the case before the court as part of the nationwide operation.
Despite extensive searches, no evidence of criminal activity was ever found, yet the police continued to hold onto the containers, and even sold some of the farm produce inside, claiming to “preserve its value.”
Delivering the ruling on 13 October 2025, the court has directed the police to release the seized containers, stating that continued detention of the property violated the applicant’s constitutional right to property under Section 28 of the Malawi Constitution.
In the judgment, the court has also affirmed that property can only be seized or retained where there is evidence of a crime, as outlined in Section 44 of the Constitution.
The case was supported by the Southern Africa Litigation Centre (SALC), welcomed the decision, saying it reinforces the importance of due process in the exercise of police powers on the rights of all individuals, including refugees and asylum seekers.
SALC’s Criminal Justice Cluster Researcher Vivian Kasunda described the decision as a critical step toward restoring dignity and accountability in the treatment of refugees and asylum seekers.
“The judgment is a testament to the power of the law in protecting the rights of vulnerable individuals. Kilembe (the applicant) was subjected to an unwarranted confiscation of his family’s property.
“The court saw through the lack of justification for the police’s actions and ruled in the applicant’s favour. This victory is not just for the Applicant, but for all those affected by similar abuses of power,” celebrated Kasunda.
The camp, originally built to accommodate 10,000 people, was already hosting around 50,000 by early May 2023.
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