By Suleman Chitera
The State has launched a forceful legal counteroffensive to dismantle a court order that bars police from re-arresting 11 suspects linked to political violence in Lilongwe, setting the stage for a high-stakes courtroom showdown that could redefine the limits of bail, police discretion, and judicial oversight.
the Office of the Attorney General is asking the High Court to vacate an injunction that restrains police from re-arresting the suspects—men who had already secured bail from various magistrates’ courts. Alongside the injunction, the suspects also moved the court for judicial review, challenging the State’s decision to pursue re-arrest rather than issue summonses.
The State is now pushing back hard.
According to court documents, the Attorney General’s office argues that the suspects’ applications are fatally flawed: they allegedly disclose no arguable case, withhold material facts, and fail to demonstrate any breach of constitutional or statutory rights. The filings assert that the court was misled into granting interim relief and that the injunction unjustifiably handcuffs law-enforcement agencies in the execution of their lawful mandate.
Confirming the legal escalation, Frank Mbeta, said the matter has been scheduled for hearing on January 28 in Lilongwe, where the State will seek to discharge both the injunction and the leave granted for judicial review.
At the heart of the dispute is whether police acted unlawfully by opting to re-arrest the suspects—despite their bail status—instead of summoning them. The Attorney General maintains that the decision was lawful, justified, and grounded in the nature of the allegations.
The alleged offences, the State says, arise from different complaints and were committed at different times and locations, undermining any claim that the suspects are being selectively or maliciously targeted. By contrast, the suspects argue that repeated arrests amount to abuse of power and harassment.
The January 28 hearing now looms as a critical test. If the court sides with the Attorney General, police will regain latitude to re-arrest suspects on bail where circumstances warrant. If the injunction stands, it could tighten judicial control over police operational decisions—especially in politically sensitive cases.
Either way, the case is fast becoming a flashpoint in Malawi’s widening struggle between state authority, individual liberties, and the judiciary’s role as final arbiter.
