ZODIAK ONLINE
Sect. 5, P/Bag 312
Lilongwe, Malawi
The High Court in Lilongwe has stopped the police from re-arresting 11 men suspected of involvement in a series of politically motivated violent incidents that occurred in the country ahead of the 16 September elections.
On Friday, High Court Judge Howard Pemba granted an injunction restraining law enforcers from further arresting the suspects, who in recent weeks have faced repeated arrests despite securing bail on various charges.
The ruling follows an application by defense lawyers seeking leave for judicial review of the state’s decision to re-arrest the suspects, as well as an order preventing further arrests.
Part of the court order reads: “If there are any additional charges against the applicants, let them be instituted by way of summons without any further arrests and/or detention.”
State prosecutor Prescott Mwaiulipo confirmed receipt of the injunction but said authorities would decide the next course of action.
“We have received the order, but for now I cannot say what legal action will be taken. We are waiting for directions from our competent authorities,” said Mwaiulipo.
National Police spokesperson Peter Kalaya said the police would comply with the court order, emphasizing that the injunction applies only to cases related to political violence.
“We always follow the law, and we will abide by the injunction issued by the High Court. But if the suspects are involved in other cases not related to political violence, the police are not restricted from bringing them in,” he said.
Defense lawyer George Jivason Kadzipatike stressed that the police must comply with the order, describing the injunction as a test of the state’s adherence to the rule of law.
“The court has made its position clear. If our clients remain in custody beyond today, the nation should know we have a serious problem with respect for the rule of law. What the police must do now is comply,” said Kadzipatike.
The 11 suspects are Joseph Tilibe Gideon, ⁴4Alfred Dala Kadula, Bruno “Mulo” Makina, Eric Phakamisa, Davie Malamulo, Issa Saidi, Rodgers Fakili, Lameck Manduwa Mkasa, Lesta Kanjunga, Howard Anusa Kadango, and Mavuto Njuchi.
They face seven criminal charges linked to political violence. As of Thursday, magistrates’ courts had granted them bail in four of the cases.