The opposition Malawi Congress Party (MCP) has raised serious concerns over the arrest of its Members of Parliament while they were attending official parliamentary business, warning that the practice threatens the safety of lawmakers and the smooth functioning of Parliament.
Leader of Opposition in Parliament, Simplex Chithyola Banda, said this after meeting Speaker of the National Assembly Sameer Suleman on Tuesday following the arrest of two MPs who were picked up while attending parliamentary committee meetings.
Chithyola said one of the arrested MPs, Sosten Gwengwe was chairing the Budget and Finance Committee at the time, a development he described as a direct violation of parliamentary privileges as provided for under the Parliamentary Privileges Act.
He explained that the opposition fears that continued arrests during committee sittings could disrupt parliamentary work and create an atmosphere of fear among legislators.
“The law is very clear that an honourable member attending parliamentary business is immune from arrest. Our concern is not the arrests themselves, but the manner in which they are being carried out.
“You cannot concentrate on your duties when you are being picked up in the middle of meetings. This affects not only individual MPs but Parliament as an institution,” he said.
According to Chithyola, the Speaker committed to formally engaging the Inspector General of Police to raise the concerns, while broader legal issues surrounding arrests fall under the mandate of the Attorney General.
He said the opposition believes law enforcement agencies can always act at appropriate times without interfering with parliamentary programmes, which are planned and scheduled in advance.
“Government has all the time. Parliamentary business, however, must proceed without interruption. The schedules are known and can be respected,” Chithyola added.
While stressing that the opposition does not oppose accountability or lawful arrests, Chithyola said respect for the autonomy of Parliament and the rule of law must be upheld.
He said opposition MPs will continue to stand in solidarity with their colleagues currently in custody and expressed hope that they will soon be allowed to resume their parliamentary duties.
“Our hope is that they will be given an opportunity to continue serving the people. That is what they were elected to do,” he said.
The developments come in the wake of the arrest of former finance minister Sosten Gwengwe, former agriculture minister Samuel Kawale and former Secretary to the President and Cabinet Colleen Zamba, who are being investigated over fertiliser and agricultural commodity contracts estimated at more than K200 billion.
Police have said the suspects face investigations related to abuse of office, fraud and money laundering, as scrutiny intensifies over high-value government procurement decisions made under the previous administration.