Across multiple administrations in Malawi, a pattern has been established: suspects linked to ruling parties avoid arrest while their allies hold power, but face swift prosecution once political tides turn – how is this playing on governance and democracy; Tamanda Matebule reports.
In Malawi, the arc of justice does not always bend toward accountability, it bends with political power. Individuals accused of serious crimes often evade arrest while their allies govern, only to face prosecution when that protection collapses.
In one of the most sweeping anti-corruption crackdowns in recent years, the Malawi Congress Party (MCP) government arrested former presidential bodyguard Norman Chisale on allegations of unexplained wealth and money laundering.
Authorities seized 86 vehicles, 21 properties, and froze bank accounts holding approximately K1.7 billion, assets believed to be grossly disproportionate to his known sources of income.
At the time, the case was framed as a defining test of Malawi’s commitment to fighting corruption as many waited to understand how a public servant could allegedly accumulate such wealth in just five years.
But that test never came.
When the Democratic Progressive Party (DPP) returned to power in September, 2025, the case was discontinued months later in February, 2026; alongside several others involving politically exposed individuals.
Around the same time, arrests began targeting figures associated with the former MCP administration.
What has emerged is a disturbing pattern: justice appears to move not with evidence, but with political transitions.
A Cycle of Justice
Across administrations, a familiar sequence is taking shape: allegations surface, investigations stall or proceed selectively, power shifts, and cases are either revived or quietly abandoned.
The Chisale case illustrates this cycle.
Director of Public Prosecutions Fostino Maele discontinued the matter, citing a prior professional connection, having previously represented Chisale (now deputy cabinet minister) in private practice. Acting on guidance from Attorney General Frank Mbeta, the state withdrew prosecution.
But Chisale’s case is not isolated.
Other discontinued cases include Criminal Case No. 3 of 2023 involving Jean Mathanga and others, and Criminal Case No. 2 of 2025 involving Joseph Mwanamvekha and co-accused.
Additional cases involving Dalitso Kabambe and associates have also been halted.
Taken together, these decisions have fueled public concern about prosecutions targeting politically connected individuals collapsing before reaching conclusion.
Arrests After Power Shifts
While cases linked to former ruling elites are being discontinued, a parallel trend is unfolding.
Since late 2025, the DPP administration has arrested several former MCP officials, including Vitumbiko Mumba, Jessie Kabwila, Richard Chimwendo-Banda, Sosten Gwengwe, and Sam Dalitso Kawale.
The charges vary; from alleged misinformation to procurement-related offences and past incidents of violence. The MCP has dismissed these arrests as politically motivated, describing them as acts of “revenge” and “witch-hunting,” according to party spokesperson, Kabwila.
Delayed Justice, Selective Action
Beyond high-profile politicians, similar patterns appear in cases involving politically connected groups.
In 2025, individuals linked to the ruling party at the time allegedly vandalized vehicles belonging to Members of Parliament Grace Kwelepeta and Lonnie Chijere Chirwa within Parliament premises. Despite CCTV evidence, no arrests were made.
In another incident, a group accused of attacking demonstrators at Mbowe Service Station in Lilongwe was only arrested after a change in government.
Same with human rights activist, Sylvester Namiwa’s assailants in broad daylight by individuals armed with panga knives. Despite the presence of security personnel (Police and military), arrests only followed after the political transition.
These cases point to a consistent pattern: accountability appears delayed until political conditions shift.
Expert Concerns
Legal and governance experts say the pattern signals deeper institutional weaknesses.
Law professor Garton Kamchedzera argues that repeated discontinuance of cases suggests political influence is undermining professional judgment within the justice system.
Governance scholar Boniface Dulani says legal remedies exist, but are uncertain.
“One hope is that these cases may be brought back within the time allowed. Another is that public interest litigation could compel accountability,” he says.
Anti-corruption advocate Moses Mkandawire is calling for reforms, including a more transparent and independent process for appointing the Director of Public Prosecutions.
A System Under Question
Legally, the discontinuance of cases may rest on procedural grounds. But the broader implications are harder to ignore.
The same prosecutorial system that once built detailed cases involving billions in suspected illicit wealth is now dismantling them, while simultaneously pursuing new suspects tied to former regimes.
At Parliament, opposition figures argue the trend reflects the politicization of justice. Leader of Opposition Simplex Chithyola-Banda calls for an end to what he describes as political prosecutions disguised as legal process.
Government, however, maintains that all actions are lawful.
Leader of Government Business Jappie Mhango insists the arrests are in the national interest. He is mute on the discontinuation of cases.
The Bigger Question
For now, many once facing prosecution walk free, their cases discontinued. Others, once shielded, now face the full force of the law – a pattern so difficult to ignore.
Justice appears to arrive not when alleged crimes occur, rather when political protection expires.
Beyond individual cases lies a deeper question: whether a democratic Malawi can sustain a credible democracy and governance system if the application of justice depends not on the law, but on who holds power.