The High Court in Lilongwe has issued an injunction restraining the police from re-arresting 11 suspects linked to political violence but also ordered the release of those in detention.
The suspects, through their lawyers, applied for leave to move for judicial review of the State’s decision to be re-arresting the suspects instead of summoning them after being granted bail by various magistrate’s courts.
They also applied for an order restraining the State from re-arresting the accused persons.
High Court Judge Howard Pemba has since granted leave to move for judicial review but also an injunction restraining the police from further arresting the suspects.
He also ordered release of suspects that were still in detention as soon as the order is served at the Malawi Police Headquarters.
“If there are any additional charges against the applicants, let them be instituted by way of summons without any further arrests and or detention of the applicants,” reads the order.
The suspects protected by the injunction are Joseph Tilibe Gideon, Alfred Dala Kadula, Bruno Makina, Eric Phakamisa, Davie Malamulo, Issa Saidi, Rodgers Fakili, Lameck Manduwa Mkasa, Lesta Kanjunga, Howard Anusa Kadango and Mavuto Njuchi.
In an interview yesterday one of the lawyers for the suspects George Kadzipatike said the police had already been served with the order which they have to comply with. He said his clients who are in detention also have to be released as the order states so.
He empha s i sed that t h e injunction is a litmus test for the Malawi Police Service on whether it is still guided by the rule of law.
“If our clients continue to be in custody beyond today, the nation should know that we now have a big problem in terms of rule of law,” said Kadzipatike.
State prosecutor Prescott Mwayiulipo confirmed that the State was served with the injunction. He said the matter has been referred to competent authorities on the way forward.
“For the mean time I cannot say what legal action will be taken. We are just waiting for our competent authorities to give us proper direction on the same,” said Mwayiulipo.
In an interview, National Police spokesperson Peter Kalaya said they will comply with the order of injunction issued by the court. But he emphasised that the order applies to cases relating to political violence.
“If it happens that there are other cases not related to political violence, the police are not barred from effecting arrests on such cases,” said Kalaya.
The State filed in the court 7 criminal cases relating to political violence. As of Thursday the courts had granted bail to the suspects in four cases but four of the suspects were still in police custody over other three cases.
