USDMK 1742.500.00GBPMK 2214.800.00ZARMK 95.600.00EURMK 1887.300.00USDMK 1742.500.00GBPMK 2214.800.00ZARMK 95.600.00EURMK 1887.300.00
Live
Loading live headlines…
Nyasa Times
Opinion

Justice system on trial: Malawi deserves answers, not silence

The Malawi Law Society's decision to publicly challenge Director of Public Prosecutions Fostino Maele over the discontinuation of a string of high-profile criminal cases deserves the full attention of every Malawian who still believes in the rule of law. To be clear, the Society is right to acknowledge upfront that the Constitution grants the DPP [...]

Thom Chiumia

Thom Chiumia

Nyasa Times Reporter

10 Jul 2026 · 2 min read

Justice system on trial: Malawi deserves answers, not silence
Text size100%

The Malawi Law Society's decision to publicly challenge Director of Public Prosecutions Fostino Maele over the discontinuation of a string of high-profile criminal cases deserves the full attention of every Malawian who still believes in the rule of law.

To be clear, the Society is right to acknowledge upfront that the Constitution grants the DPP wide prosecutorial discretion. That discretion exists for good reason — not every case that reaches a prosecutor's desk deserves to go to trial, and not every complaint survives the weight of evidence. A DPP who mechanically pursued every case regardless of merit would be just as dangerous as one accused of selective leniency.

But discretion is not the same as immunity from scrutiny. And it is precisely because prosecutorial power is so consequential — the power to pursue justice or to quietly let it slip away — that it must be exercised, and be seen to be exercised, without fear or favour.

That is where this episode becomes troubling. The Law Society's claim that many of the discontinued cases involve individuals either politically aligned with the current government or previously represented by Mr Maele himself before he assumed office is not a small allegation. It goes to the very heart of what separates a functioning justice system from one that merely wears its robes.

Coming as it does around the commemoration of Malawi's 62nd independence anniversary, the timing of the Society's statement carries symbolic weight. Independence was never only about the removal of a colonial flag; it was a promise that Malawians would govern themselves under laws applied equally to all — the powerful and the powerless alike. A justice system that appears to bend around political connection or personal history undermines that very promise, whether or not any individual decision was, in fact, improperly influenced.

This is not, and should not be treated as, a declaration of guilt against the DPP. Mr Maele is entitled to explain his reasoning, case by case, and the public deserves to hear that explanation rather than be left to speculate. Silence, in matters like this, breeds far more suspicion than transparency ever could.

What this moment calls for is not condemnation, but accountability. The DPP's office should welcome the opportunity to demonstrate — with evidence, not assurances — that these decisions were made on their legal merits and nothing else. Anything less risks confirming the very perception the Law Society has now put on the record: that in Malawi, whom you know, or whom you once represented, may matter more than what the law says.

Sixty-two years after independence, that is a test our institutions can still choose to pass.

#Columns#Politics

Discussion2

Comments are stored in local state for this demo.
  • GPGrace Phiri

    2h ago

    Finally some clarity on this. Thanks for the detailed breakdown.

  • JBJames Banda

    1h ago

    I hope the authorities actually follow through this time.

More from Nationwide

Lawyers fight to free Namiwa, stuck in cell over treason case
NationalNationwide
Lawyers fight to free Namiwa, stuck in cell over treason case

Prominent civil society activist Sylvester Namiwa will spend at least another week behind bars after the High Court set next Wednesday as the date to hear his bid for bail. The Centre for Democracy and Economic Development Initiatives (CDEDI) executive director's lawyers have already lodged an urgent application seeking his release from police custody — [...]

TCThom Chiumia · 1 min ago
FDH Bank commits K1bn to widen access to higher education in Malawi
BusinessNationwide
FDH Bank commits K1bn to widen access to higher education in Malawi

FDH Bank has pledged K1bn to Malawi's Higher Education Students' Loans and Grants Board (HESLGB), in one of the largest private-sector interventions yet aimed at expanding access to university education for financially disadvantaged students. The commitment is expected to support approximately 154 students annually who would otherwise struggle to meet tuition and related costs. Noel [...]

TCThom Chiumia · 1 min ago
Malawi Parliament approves new banking Bill to shield depositors from bank collapses
NationalNationwide
Malawi Parliament approves new banking Bill to shield depositors from bank collapses

Malawi's Parliament has given the green light to Bill No. 9 of 2026 — the Banking (Amendment) Bill — in a move designed to shore up the country's banking sector and better protect ordinary customers' savings. The Bill was tabled by Finance and Economic Planning Minister Joseph Mwanamvekha, who told MPs the new law would [...]

TCThom Chiumia · 3 mins ago
Govt 'concerned' as Malawi's 40-year Commonwealth Games medal drought continues
SportsNationwide
Govt 'concerned' as Malawi's 40-year Commonwealth Games medal drought continues

Ministry of Youth, Sports and Culture says it is concerned after Team Malawi completed its campaign at the 2026 Commonwealth Games in Glasgow without winning a single medal. Before the Games, Sports Minister Alfred Gangata had urged the team to end a medal drought stretching back 40 years. But athletes competing across swimming, judo, boxing, [...]

TCThom Chiumia · 1h ago
Justice system on trial: Malawi deserves answers, not silence | Nyasa Times