High Court Judge Zione Ntaba has declared unlawful sweeping exercises conducted by the police.
It follows a judicial review case in which three people were challenging the constitutionality of the sweeping exercise and mass arrests conducted by the police.
On 21st June 2021, Judge Ntaba heard the case of State versus Officer in Charge for Kasungu Police Station and Inspector General of Police where Banda, Mwale and Supiyani challenged arbitrary arrest practices.
The three applicants were arrested on 27 March 2018 when Malawi police conducted a sweeping exercise in Kasungu district during the night.
At the time of their arrest, Banda was working as a DJ at a local bar, Mwale was having a drink at a club, and Supiyani was selling fish at a bar.
In the Judicial review, the three raised the issue of unreasonableness of their arrest saying the police should only arrest suspects with the intention of conducting an investigation but rather there should be evidence of criminality before making an arrest.
According to Chikondi Chijozi lawyer for the three under Southern Africa Litigation Center (SALC), the court has also ordered that police should develop proper procedures for conducting mass arrests and that the three should be compensated for violation of their rights.
She said the court also expressed disappointment over the failure by the office of the Attorney General to file submissions despite expressing interest to do so.
Meanwhile Center for Human Rights Education, Advice and Assistance (CHREAA) which also supported the case-has described the ruling as a great victory for human rights.
Victor Mhango-Executive Director for CHREAA told MIJ Online that the ruling means an end to mass arrests of innocent Malawians who have been at the mercy of the police without evidence of their involvement in criminal activities.