A 2025 National Statistical Office survey on justice and accountability names the Malawi Police Service as the single most frequently reported perpetrator of human rights violations. Rights groups say this finding signals systemic failure across the justice system.
The survey also shows women report violations by State institutions more often than men, with courts and other public officers appearing among the significant offenders.
The Malawi Police Service, however, could not comment on the findings, saying it is yet to officially receive a copy.
The NSO report, published on the agency’s website, found that 10.6 percent of respondents nationally identified the police as the main perpetrators of human rights abuses. Other institutions cited are other public officers (6.0 percent), courts (4.2 percent) and prosecutors (3.8 percent).
“State advocates and probation officers were reported less frequently, both below three percent.”
Women reported violations at higher rates across several institutions: 11.2 percent of females named the police compared with 10 percent of males; 5.6 percent of females reported violations by the courts versus 2.6 percent of males. Similar gender gaps appear for prosecutors, probation officers and state advocates.
Pertaining to prosecutors, 4.2 percent females reported human rights violations as compared to 3.3 percent males.
About 3.2 percent females reported human rights violations against probation officers with 1.5 percent males lodging complaints.
While 1.8 percent females reported human rights violations by State advocates, 1.1 percent males lodged complaints.
However, other unspecified public officers had seven percent complaints lodged by females with males accounting for 4.8 percent.
On methodology, one hundred enumeration areas were selected, yielding a sample of 1 000 households and 4 306 people aged 18 and above. Of the 100 enumeration areas, 40 were in the Central Region, 35 in the Southern Region and 25 in the Northern Region.
The sample was designed to produce estimates at the national, regional and selected district levels.
Centre for Human Rights Education Advice and Assistance executive director Victor Mhango in an interview on Friday said the prominence of the police in the findings points to a systemic problem rather than isolated incidents.
He warned that abuses at the point where citizens first encounter the State such as unlawful arrests, torture, extortion, excessive force or denial of due process shape public trust in the entire justice system.
“This reflects a failure of the State to respect, protect and fulfil rights. It signals compromised independence, fairness and due process, and suggests impunity where wrongdoing goes unpunished.”
Mhango said the findings point to a weak oversight and accountability mechanisms, normalisation of rights violations within institutions and a breakdown in checks and balances that should protect citizens.
While describing the report findings as concerning, Human Rights Defenders Coalition chairperson Michael Kaiyatsa said in a separate interview on Friday the situation points to systemic challenges within law enforcement, including abuse of power and weak accountability mechanisms.
He said the situation also reflects limited respect for constitutional and legal safeguards.
“Equally troubling is the implication of prosecutors, courts and other public officers. These institutions are meant to serve as safeguards against abuse, not contributors to it,” he said.
“Their inclusion suggests broader structural weaknesses in the justice system, ranging from inadequate oversight and political or institutional interference to capacity constraints and, in some cases, corruption.”
Both Kaiyatsa and Mhango agreed that addressing the situation requires comprehensive structural and cultural reforms in a multi-pronged approach.
Centre for Social Accountability and Transparency executive director Willy Kambwandira echoed Kaiyatsa and Mhango’s views.
In an interview on Friday, he said: “There is need for firm action to strengthen independent oversight and civilian complaint reporting mechanism to enforce personal accountability on errant officers. Otherwise, without consequences for abuse, reforms will remain cosmetic.”
Kambwandira said when the police and courts are named as perpetrators, it signals not isolated misconduct but deeply entrenched impunity, weak oversight and politicisation of justice.
“Sadly, it is a poor common man who pays a price. This erodes public trust and normalises abuse, especially against the poor and powerless,” he said.
National Police spokesperson Lael Chimtembo on Friday said he was yet to see the report; hence, could not comment.
On her part, Judiciary chief corporate affairs and public relations officer Ruth Mputeni acknowledged our questionnaire, but was yet to respond.
While the survey included representation from the country’s three regions, it did not cover all districts.
For instance, in the Southern Region, data was collected in Karonga, Rumphi and Mzuzu City while in the Central Region, data was collected in Nkhotakota, Dowa, Lilongwe, Lilongwe City and Dedza.
In the Southern Region, data was collected Zomba, Blantyre, Blantyre City, Thyolo, Phalombe, Nsanje and Neno.
Financial constraints, however, resulted in the survey being conducted only at household level and did not include community-level focus group discussions.
