By Suleman Chitera
In Malawi, political scandals erupt with regularity. Press conferences are held. Arrests are announced. Dockets are opened. Yet years later, the cases quietly disappear—never argued in court, never tested by evidence, never concluded by judgment. For a country that claims commitment to the rule of law, the absence of trials in politically sensitive cases raises a disturbing question: Is justice being deliberately stalled to protect the powerful?
A Pattern of Silence in the Courts
From alleged corruption involving public funds, abuse of office, electoral irregularities, and procurement scandals, Malawi’s political landscape is littered with unresolved cases. While ordinary citizens are swiftly dragged before magistrates for minor offences, cases involving politicians, senior party officials, and politically connected business figures often remain “under investigation” indefinitely.
Court records show that many high-profile cases collapse before reaching trial stage—either through unexplained withdrawals, endless adjournments, or claims that investigations are “not yet complete.” In some instances, suspects are never formally charged despite public announcements by law enforcement agencies.
Arrests Without Accountability
Law enforcement agencies frequently make dramatic arrests of political figures, especially during moments of public outrage or political transition. Handcuffs are displayed, suspects are paraded, and statements are issued promising “thorough investigations.”
But once public attention fades, so does momentum.
Legal experts say arrests without preparedness are a major problem. “In many political cases, arrests are made for optics, not prosecution,” said one senior lawyer who asked not to be named. “Files are incomplete, evidence is weak, and prosecutors are left with nothing solid to take to trial.”
Political Pressure and Selective Justice
Interviews with former investigators and prosecutors point to a deeper problem: political interference.
Several sources allege that investigators handling sensitive cases face pressure from powerful figures to slow down, transfer files, or abandon investigations altogether. Prosecutors who insist on proceeding are reportedly sidelined or reassigned.
“The system is not failing accidentally,” said a former justice sector official. “It is designed to protect those with political leverage while appearing functional to the public.”
This has led to accusations of selective justice, where cases involving opposition figures are fast-tracked, while those implicating ruling party allies stagnate.
Endless Adjournments and Vanishing Files
Even when political cases reach court, trials rarely begin. Defence lawyers cite missing documents, absent witnesses, or incomplete disclosures. Prosecutors request more time. Magistrates adjourn. Months turn into years.
In some cases, court files reportedly go missing altogether.
The result is a legal limbo where suspects are neither convicted nor acquitted—effectively shielded from accountability while the state avoids the embarrassment of failed prosecutions.
Erosion of Public Trust
A recent justice-sector study found that many Malawians no longer trust formal courts to resolve serious disputes. For citizens watching powerful figures evade trial, the message is clear: the law does not apply equally.
Civil society organisations warn that this culture of impunity fuels corruption, weakens democratic institutions, and encourages abuse of power.
“When leaders know they will never face trial, corruption becomes a low-risk activity,” said a governance activist in Lilongwe. “This is why the same scandals repeat themselves.”
The Cost to Democracy
Justice delayed in political cases is not just a legal failure—it is a democratic one. Elections lose meaning when allegations of wrongdoing are never tested in court. Anti-corruption agencies lose credibility. And citizens lose faith in the state.
Malawi’s Constitution guarantees equality before the law. But until political cases are consistently investigated, prosecuted, and tried to conclusion, that promise remains hollow.
The Unanswered Question
Who benefits from political cases that never go to trial?
Until investigators, prosecutors, and courts operate independently—free from political influence—Malawi will continue to witness arrests without justice, allegations without accountability, and scandals without consequences.
And in that silence, impunity thrives.
