Police have come under scrutiny for bypassing the Director of Public Prosecutions (DPP) in committal proceedings for suspects in the murder of gynaecologist Victoria Bobe, a move legal minds have described as irregular.
National Police spokesperson Lael Chimtembo in an interview yesterday said that committal proceedings were conducted on December 19 2025 at the Blantyre Chief Resident Magistrate’s Court.
“Proceedings to commit the suspects to the High Court were held on December 19 2025,” he said.
But the DPP’s office said it was yet to see the case file.
In a WhatsApp response, Ministry of Justice and Constitutional Affairs spokesperson Frank Namangale said the DPP was not formally updated on the matter.
“The DPP has not yet had sight of the file,” he said. “At this stage, we are unable to competently respond to questions until the DPP is formally seized with it.”
Section 99(2)(a) of the Constitution empowers the DPP to institute and undertake criminal proceedings against any person before any court in respect of any offence alleged to have been committed by that person.
Bobe. | Nation
In a separate interview, private practice lawyer John-Gift Mwakhwawa described the police action as irregular because capital offences fall under the DPP’s direct authority.
He said: “Committal proceedings in a capital offence should be conducted under the supervision of the DPP. Proceeding without the DPP’s knowledge or approval, especially in a high-profile case, is highly irregular.”
Malawi Law Society president Davis Njobvu said in a separate interview that while police acted swiftly, procedural missteps have the potential to undermine the case.
“It’s good that the police respond to such incidents. But they must ensure that their actions do not end up undermining their own efforts,” he said.
Judiciary spokesperson Ruth Mputeni confirmed that the suspects were charged with murder and committed to the High Court.
“They are currently on remand at Chichiri Prison awaiting trial,” she said.
Last month, legal experts criticised the police for publicly parading suspects and turning parts of the investigation into a public spectacle.
Police did not explain how the committal proceedings were initiated without the DPP’s review with Chimtembo stating that investigations were ongoing.
The suspects, Charles Chikafa, alleged team leader, Santos Chamamba, Raphael Rafik Abdul Hassan, Peter Chimenya, Isah Ali and Maxwell Eliya, were arrested on December 16 2025, and appeared in court three days later. This suggests that they may have been held beyond the legally prescribed 48 hours before being brought before a court.
Dr. Bobe, 33, who was a gynaecologist at Queen Elizabeth Central Hospital and taught at Kamuzu University of Health Sciences in Blantyre, was shot dead at her home in Chigumula Township, Blantyre on November 17 2025.
