Citizens for Justice & Equity (CJE), a non-partisan civil rights organization, has expressed serious concern over the arrest, prolonged detention, and subsequent granting of bail to former senior government officials, warning that recent reactions by some state actors pose a threat to judicial independence and constitutional governance.
Speaking in a media statement issued on Friday, CJE Executive Director Agape Khombe said the organization has been closely monitoring developments following the recent change of political leadership in Malawi, particularly the treatment of officials from the previous administration and the response to court decisions granting them bail.
Khombe emphasized that while the State has the constitutional authority to investigate and prosecute alleged criminal conduct, such powers must be exercised strictly within the confines of the law and the Constitution.
He noted that the Constitution guarantees the right to personal liberty and explicitly requires that arrested persons be brought before a court within 48 hours, failure of which renders continued detention unlawful.
He further underscored that bail is a constitutional right, not a privilege, unless the interests of justice demand otherwise.
“Detention must never be used as a form of punishment or political retribution,” Khombe said, pointing to the constitutional presumption of innocence afforded to all accused persons until proven guilty by a competent court.
CJE commended the Judiciary for what it described as the faithful and independent discharge of its constitutional mandate in granting bail where legally prescribed detention periods were not complied with.
According to the organization, such decisions demonstrate adherence to the rule of law rather than favoritism or external influence.
However, Khombe expressed deep concern over public statements and actions suggesting that the Attorney General intends to appeal bail decisions based on political pressure or public dissatisfaction rather than sound legal grounds.
While acknowledging the Attorney General’s constitutional authority to institute and conduct legal proceedings, he cautioned that such powers must not be exercised in ways that intimidate the courts or undermine judicial discretion.
CJE also condemned reports of organized demonstrations targeting judges over decisions made in the lawful execution of their duties. Khombe warned that any attempts—direct or indirect—to coerce or intimidate judicial officers amount to a serious assault on constitutional democracy and violate the constitutionally guaranteed independence of the Judiciary.
While recognizing the constitutional right to freedom of assembly and demonstration, CJE stressed that such rights should not be abused to incite hostility against the courts or disrupt the administration of justice. The organization further condemned any alleged state sponsorship or facilitation of groups intended to intimidate judicial officers, describing such actions as an abuse of state power.
CJE has called on the Government of Malawi to respect court decisions, uphold due process, and refrain from using detention or public pressure as punitive tools. The organization also urged the Attorney General to exercise prosecutorial powers independently and professionally, free from political influence, and appealed to citizens and political actors to respect judicial independence and uphold public confidence in the courts.
“Malawi’s democracy cannot be strengthened through vengeance, intimidation, or selective application of the law,” Khombe said. “It can only be sustained through unwavering respect for the Constitution, human rights, and the rule of law—especially during times of political transition.”
Citizens for Justice & Equity reaffirmed its commitment to defending justice, equity, and constitutional governance in Malawi.
