Three former Human Rights Defenders Coalition (HRDC) leaders have moved the Lilongwe Chief Resident Magistrate’s Court to cancel a warrant of arrest over a case the State allegedly closed in October 2020.
The trio of activists Timothy Mtambo, Gift Trapance and McDonald Sembereka was arrested in March 2020 for allegedly threatening to march to State House at the peak of protests against the 2019 Tripartite Election results.
In a notice of hearing dated October 13 2026, the court said the interpartes application to cancel a warrant of arrest obtained by the State against the applicants for alleged breach of bail conditions was made under section 96 (3) of the criminal procedure and evidence code.
Reads the notice: “Let the parties through counsel appear before the Chief Resident Magistrate in chambers of the 16th of October 2026 at 9 in the fore/afternoon on hearing of an application by the accused persons to cancel a warrant of arrest that was issued on or about the 7th of October, 2026.”
In his affidavit, Trapence submits that around March 2020 he was arrested together with Mtambo and Sembereka, taken to court, pleaded not guilty and that in October, 2020 the State discontinued the case.
However, he said on the night of October 8 2026, while away on a business trip, he was informed by his wife that police officers came to their house in Lilongwe looking for him.
Said Trapence: “That again in the morning of the 9th of October, 2026 the said police officers came back to my house looking for me and this time they told my wife that they had a warrant of arrest
“That I was genuinely shocked to hear this because I, together with the other two accused persons I was charged, were discharged from the said case at the behest of the State in October, 2020 before the then chief resident magistrate Violet Chipao [now High Court judge] as she was then. The said discharge was done in open Court and that I did not expect the court to issue the warrant of arrest if it had looked at the court record.”
Their lawyer, Khwima Mchizi, hoped the court “will correct the mistake because it’s the same court that discharged my clients in 2020.”
National Police spokesperson Gladys Chiwaula indicated she was unaware of both the warrants of the arrest and the court action.
