The arrest of three senior opposition political figures belonging to Malawi Congress Party (MCP) over the weekend has reignited debate over the rule of law and political tolerance in Malawi, as the suspects are expected to appear in court today.
Police arrested former minister of Trade Vitumbiko Mumba, MCP Secretary General Richard Chimwendo Banda and Publicity Secretary Jessie Kabwila on separate charges ranging from uttering words likely to breach the peace to attempted murder.
Authorities have yet to formally communicate the charge against Kabwila.
Speaking to Nthanda Times, political commentator George Phiri says arrests are not inherently political if they are grounded in law and supported by evidence, but warned that selective or delayed enforcement risks undermining public confidence in the justice system.
“The arrest is expected to be according to law, not according to political view or differences in political ideologies. If all the arrests are based on the offences that people have committed, then the arrests are not political in nature. But if the arrests are not based on the offences the people have committed, then that should be political,” said Phiri.
Malawi has a history of high-profile arrests following changes in government, a pattern critics say fuels perceptions of political witch-hunts against former officeholders.
Phiri said the credibility of the current arrests will largely depend on how quickly and transparently the cases are concluded.
“I will believe that this is not witch-hunting if the offences these people have committed can be concluded in the shortest time possible. If the cases are prolonged until the end of the current regime, then it becomes political,” said Phiri.
Phiri also criticized law enforcement agencies for failing to act promptly when alleged offences occur, noting that some accusations being pursued date back several years.
“The law is the same when you are in power and when you are out of power. If an offence was committed in 2022, why was the person not arrested then? Arresting people only when they are out of power makes the police appear political,” said Phiri.
He further warned that delayed prosecutions weaken cases, risk the loss of evidence and erode public trust in democratic institutions.