Africa-Press – Malawi. There is no charge. There is no conviction. There is no lawful trigger for removal — and that is why the Human Rights Consultative Committee (HRCC) says demands for Attorney General Frank Mbeta’s resignation are legally hollow and dangerously premature.
Addressing the media this morning, HRCC came out swinging against what it described as growing public pressure for the Attorney General to step down to “allow investigations to proceed.” The grouping insists that such calls ignore the Constitution and risk replacing due process with mob sentiment.
HRCC Chairperson Robert Mkwezalamba was firm and unambiguous:
“There is presently no lawful basis for demanding the resignation of the Attorney General in absence of a charge, adjudication, or legally established grounds for removal. The presumption of innocence guaranteed under Section 42 of the Constitution must be respected at all times.”
That is the heart of the matter.
According to HRCC, access to courts and judicial remedies is not evidence of guilt. Going to court — whether to defend oneself or to challenge a ruling — is a constitutional right. It cannot be twisted into proof of wrongdoing.
The rights body stressed that where a court has issued an order, the proper route is clear: appeal or seek review through lawful procedures. Not press conferences. Not online campaigns. Not trial by media.
Another HRCC member, Alfred Munika, warned that allegations against public officers must be handled through investigation and judicial determination — not public outrage.
“Malawi’s democracy is not protected by outrage but by the rule of law,” Munika said, adding that punishment without trial and removal without lawful cause undermine constitutional safeguards.
Desmond Mhango echoed that position, calling for restraint and responsible public discourse while competent authorities, where necessary, address the matter through established legal channels.
Fryson Chodzi went further, grounding the argument squarely in constitutional principles. He reminded the nation that Section 19 recognizes the inherent dignity of every person, while Section 20 guarantees equality before the law.
“Public office does not strip an individual of constitutional rights,” Chodzi said. “The duty to defend human rights is most tested when the subject of those rights is unpopular.”
HRCC made it clear it will not endorse resignation by rumor, accountability without evidence, or politically motivated destabilization of constitutional offices.
“We defend accountability. But accountability must be lawful, consistent, and evidence-based. Where there is wrongdoing, let it be proven in court. Where there is no charge, there can be no penalty,” Chodzi said.
The rights body underscored that Section 42(2)(f)(iii) of the Constitution guarantees that any person accused of a criminal offence is presumed innocent until proven guilty according to law. And, crucially, HRCC noted: the Attorney General has not been charged.
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