The Human Rights Defenders Coalition (HRDC) has raised alarm over what it describes as a growing erosion of the rule of law, due process, and democratic governance in Malawi, citing a pattern of arrests targeting opposition figures and increasing economic pressure on ordinary citizens.
Speaking on Friday, 30 January 2026, HRDC spokesperson Michaels Kaiyatsa said the organization is “deeply concerned about developments in our country that point to a troubling erosion of respect for the rule of law, due process, and democratic governance.” He made the remarks during a press briefing attended by members of the media and civil society.
Kaiyatsa disclosed that since November 2025, at least eight prominent opposition politicians — including former ministers, senior party officials, and political aides — have been arrested. He noted that some of those detained were allegedly held for extended periods without being formally charged, while others remained in custody despite court orders granting their release. “We are reliably informed that more arrests of senior opposition figures will follow,” he warned.
According to HRDC, these developments raise serious constitutional and human rights concerns. Kaiyatsa reminded authorities that Sections 42 and 44 of the Constitution guarantee the right to personal liberty and protection from arbitrary detention.
He further referenced a High Court ruling from early January 2026 which reaffirmed that prolonged detentions without proper legal basis are unconstitutional. “We are alarmed by practices that appear inconsistent with these principles,” he said.
The HRDC spokesperson also criticized what he described as a lack of transparency surrounding many of the arrests. “The public is frequently told that police have ‘credible evidence,’ yet little information is provided, and due process safeguards seem to be overlooked,” Kaiyatsa stated, adding that justice must not only be done but must be seen to be done.
Kaiyatsa cautioned that Malawi’s history of “winner-takes-all” politics makes the current situation particularly worrying. He said the arrests, viewed collectively, appear to suggest a broader pattern that undermines political pluralism and democratic accountability. However, he emphasized that HRDC does not oppose lawful arrests. “If any individual, regardless of political affiliation, has committed an offence, the law must take its course,” he said, stressing that the law must be applied fairly and without political selectivity.
HRDC further expressed concern over what it called the slow pace of long-standing corruption and abuse-of-office cases involving politically connected individuals.
Kaiyatsa said the apparent stagnation of such cases is fuelling a dangerous perception that the law is applied harshly to some and leniently to others.
“Selective application of the law is itself an injustice,” he noted.
Beyond governance issues, HRDC highlighted deepening economic hardship faced by Malawians.
Kaiyatsa pointed to rising fuel and electricity costs, high prices of basic goods, and recent tax measures that he said disproportionately affect low- and middle-income earners and small-scale traders. He singled out the Electronic Invoicing System (EIS), warning that it risks overburdening small businesses that lack the capacity to comply.
“Economic reform must not come at the cost of dignity, privacy, and survival,” he said, urging government to halt the system’s implementation to allow for dialogue.
Concluding the statement, Kaiyatsa called on government to respect court orders, ensure impartial law enforcement, provide updates on stalled corruption cases, and review tax policies in consultation with affected groups. He also urged the judiciary to remain independent, political actors to reject violence and intimidation, and citizens to stay peaceful and vigilant. “Malawi’s democracy was hard won,” Kaiyatsa said. “It must not be weakened by fear, selective justice, or disregard for constitutional principles.”
