Malawi Law Society (MLS), individual lawyers and political pundits have said newly-appointed Police Inspector General (IG) Richard Luhanga’s interdiction cannot stop him from assuming office because it is not a court conviction.
President Peter Mutharika’s appointment of Luhanga as Police chief raised questions over his suitability given that the appointee was on suspension since March 2025 following his arrest by the Anti-Corruption Bureau (ACB).
The bureau charged Luhanga, who until his appointment was Northern Region Commissioner of Police, with abuse of public office. He was, however, granted court bail by chief resident magistrate Godfrey Balaka.
In a written response to The Nation questionnaire yesterday, MLS honorary secretary Francis M’mame said the interdiction is an internal administrative arrangement, which cannot legally invalidate eligibility for appointment.
He urged sober reflection on the matter, adding that every accused person is presumed innocent until proven guilty by a competent court of law.
Said M’mame: “In this context, the interdiction does not stand because it signifies the temporary removal of a public servant from their duties during an investigation.
“It [the interdiction] is not a judicial finding of guilt or a conviction. Thus, from a legal standpoint, an interdiction does not create a statutory or constitutional barrier to a new appointment.”
On the case by the ACB, he said the society’s understanding is that the criminal charges are an independent legal process and that Luhanga’s appointment as IG does not nullify the charges.
In a separate interview yesterday, private-practice lawyer Christon Ghambi echoed the MLS position, saying there is nothing wrong with the appointment because Luhanga is only a suspect at the moment.
He said the IG appointee was still an employee in the Malawi Police Service while on interdiction and during his fresh appointment.
Said Ghambi: “An interdiction is an administrative remedy and it automatically falls off as the employer has the requisite to suspend or reinstate the employee.
“But while the appointment is lawful, it does not affect the charges levelled against him by the ACB. The bureau is still at liberty to pursue the case.”
Another private-practice lawyer Khwima Mchizi said Luhanga’s promotion supersedes the interdiction on the belief that the appointing authority may have already done background check on the appointee.
“It was government that interdicted him and it is the same government that has appointed him. So, technically, the interdiction fell off the time that he was being appointed,” he said.
On the charges of abuse of office, Mchizi said the State can withdraw cases at any stage, especially in Luhanga’s case where trial was yet to start.
Political commentator Wonderful Mkhutche observed that in reality, the interdiction has died a natural death, but cautioned that the issue may ignite contestation during Luhanga’s confirmation by the Public Appointments Committee of Parliament.
He said: “We have to approach this issue with the understanding that one is innocent until proven guilty.
“But the State should learn to conclude its cases against individuals in time to avoid such situations happening again in future.”
Mzuzu University political analyst Chrispin Mphande agreed with Mkhutche, saying the situation raises the need for speedy prosecution of cases.
“The best approach is to first gather enough evidence before an arrest is made. And once done, the trial should commence immediately. Keeping cases for ages creates room for speculation,” he said.
Luhanga yesterday refused to comment on “matters that are in court”, but said he was grateful to the President for trusting him with the position.
In a statement in March 2025, the ACB said the arrest followed completion of investigations on a report which it received alleging that Luhanga, while in Mzuzu between 2022 and 2023, abused his office for personal advantage.
The bureau said he used paint donated by Press Trust to the Northern Region Police Headquarters for painting Mzuzu Police Hospital to paint his private properties at Nkhozo Estate in Bolero, Rumphi.
