Malawi Congress Party (MCP) legislators yesterday walked out from several parliamentary committee meetings in Lilongwe in protest against the continued arrests of fellow lawmakers while undertaking Parliament business.
Yesterday’s boycott, which included some independent members of Parliament (MPs) followed the arrests of Lilongwe Msozi North MP Sosten Gwengwe and his Dowa North East counterpart Sam Kawale. Gwengwe, a former Minister of Finance, chairs the Budget and Finance Committee while Kawale, a former Minister of Agriculture, is member of the Transport Committee of Parliament.
The duo was arrested alongside former Secretary to the President and Cabinet Colleen Zamba in connection with the botched K200 billion East Bridge fertiliser barter deal.
Led by Leader of the Opposition in Parliament Simplex Chithyola Banda, the lawmakers exited meetings before attending a scheduled session with Speaker of the National Assembly Sameer Suleman, Leader of the House Jappie Mhango and Minister of Justice and Constitutional Affairs Charles Mhango.
Chithyola Banda clarified that the opposition is not opposing the arrests themselves but the manner they are carried out, often while MPs are on official parliamentary duties.
He said the delegation sought the Speaker’s intervention to ensure the safety and security of lawmakers.
Said Chithyola Banda: “The Privileges Act protects honourable members attending parliamentary business from arrest. We are here to raise this matter with the Speaker. He has committed to write to the Inspector General [IG] of Police to address our concerns.”
In a January 19 2026 letter to Inspector General of Police, Clerk of Parliament Fiona Kalemba requested for the release of former Information minister Moses Kunkuyu, stressing that committee meetings form part of the official business of the National Assembly and that MPs’ attendance should not be impeded.
But Police chief Richard Luhanga, in a brief response to The Nation, said the police would not respond to the letter, citing ongoing court proceedings.
Yesterday, Chithyola Banda said the MCP MPs will not attend any parliamentary meetings until their colleagues are released from custody.
In an interview yesterday, Parliament spokesperson Ian Mwenye confirmed the meeting, but said Chithyola Banda spoke on behalf of the opposition.
Meanwhile, legal experts have also weighed in on the question of MPs’ immunity from arrest with lawyer Bright Theu stating that Section 60(1) of the Constitution grants legislators immunity in three circumstances, namely while travelling to Parliament, returning from Parliament and within parliamentary premises.
In a separate interview, University of Malawi law lecturer Bernedetta Malunga noted that the immunity provisions are open to interpretation.
She said: “As it is, we would simply do the literal translation of the law. There are several circumstances that need to be considered and interpreted in the law. For example, one starts off in Nsanje on Saturday for a meeting on Monday, does it mean that he or she is immune and cannot be arrested?”
In an earlier interview, lawyer-cum-human rights activist Benedicto Kondowe said Section 60(1) of the Constitution provides that MPs are privileged from arrest when going to, returning from or within the precincts of the National Assembly and for statements made in parliamentary proceedings. He said the law does not give a blanket immunity.
Parliament guidelines state that when a quorum is formed at the beginning of a committee sitting, members can still meet for the rest of the sitting despite others leaving.
