By Wadza Botomani
In a significant ruling, the High Court in Lilongwe has intervened to stop the police from re-arresting ten individuals connected to recent political violence. The decision comes after lawyers for the suspects filed an urgent application for a judicial review, challenging what they described as an abusive and repetitive practice by the State.
The legal team argued that their clients were being persistently re-arrested by police on new charges immediately after being granted bail by various magistrates’ courts. This tactic, they contended, undermined the judiciary’s authority and violated the suspects’ rights. In their application, the lawyers sought permission for a full judicial review of the police actions, an order to bar any further arrests, and a stay on the existing criminal cases.
Judge Howard Pemba granted the request for a judicial review and issued a formal injunction prohibiting the police from carrying out any further arrests of the ten applicants. In his court order, he provided clear guidance, stating, “If there is any additional criminal charges against the applicants, let them be prosecuted without any further arrests.” However, the judge declined to suspend the criminal cases that are already proceeding in the lower courts, allowing those legal processes to continue.
The suspects’ lawyer, George Kadzipatike, confirmed that the injunction had been formally issued and that the police had already been served with the court order. He described the ruling as a critical test for the country’s institutions, emphasizing the necessity for state agencies to adhere to the rule of law and respect judicial decisions.
