By Suleman Chitera
A legal practitioner has cautioned the government against delaying the formal charging of suspects following the arrest of three former senior public officers, warning that prolonged detention without charge undermines the rule of law and constitutional safeguards.
Former Minister of Finance Sosten Gwengwe was arrested on Sunday, while former Minister of Agriculture Sam Kawale and former Secretary to the Office of the President and Cabinet Colleen Zamba were arrested on Monday. As of now, all three remain in custody without having been formally charged.
Under Malawi’s law, suspects are required to be formally charged within 48 hours of arrest.
Reacting to the developments, Justice Link Executive Director Justin Dzonzi, who is also a legal practitioner, urged authorities to strictly adhere to legal procedures governing arrests and detention.
Dzonzi said failure to charge suspects within the prescribed timeframe violates constitutional protections and erodes public confidence in the justice system.
“Prolonged detention without charge undermines the rule of law and the constitutional rights guaranteed to every citizen, regardless of the allegations they may be facing,” Dzonzi said.
He stressed that respect for due process is fundamental, particularly in high-profile cases involving former senior government officials, noting that the law must be applied consistently and without exception.
Dzonzi further appealed to law enforcement agencies to ensure transparency and accountability in the handling of the matter, warning that any deviation from legal requirements could expose the state to legal challenges.
Authorities have not yet disclosed the specific charges the three former officials are expected to face, nor explained the delay in formally charging them.
