Africa-Press – Malawi. The Human Rights Defenders Coalition (HRDC) has mounted a forceful push for legal reforms governing how criminal cases are discontinued, arguing that the current framework grants excessive, opaque powers to the Director of Public Prosecutions (DPP) and risks eroding public trust in the justice system.
The demand follows a string of high-profile discontinuances involving politically exposed figures, including Deputy Minister of Homeland Security Norman Chisale, Minister of Finance Joseph Mwanamvekha, Minister of Homeland Security Peter Mukhito and Minister of Energy Jean Mathanga—a pattern HRDC says has intensified public suspicion over selective justice and political shielding.
HRDC chairperson Michael Kaiyatsa said the coalition is now pressing for statutory amendments that would compel the DPP to publicly justify decisions to discontinue cases, arguing that the existing system—where reasons are submitted only to Parliament’s Legal Affairs Committee—falls short of transparency and accountability standards expected in a democratic system.
“The law, as it stands, allows critical prosecutorial decisions to be made without direct public scrutiny,” Kaiyatsa said, warning that “when cases involving influential figures are discontinued without explanation, it creates a perception—rightly or wrongly—of bias, protection and erosion of the rule of law.”
Under Malawi’s current legal framework, the DPP wields broad constitutional authority to discontinue criminal proceedings at any stage, a power historically justified as necessary for prosecutorial independence but increasingly criticised for lacking visible checks when exercised in politically sensitive matters.
HRDC argues that this imbalance must be corrected through reforms that introduce mandatory public disclosure of reasons, clearer procedural thresholds for discontinuance and strengthened parliamentary and judicial oversight mechanisms.
“The issue is not the existence of the power,” Kaiyatsa emphasised, “but the absence of accountability in how that power is exercised, especially in cases that carry national interest and public consequence.”
The coalition contends that requiring public explanations would not only enhance transparency but also protect the integrity of the DPP’s office by insulating it from allegations of political interference or selective prosecution.
Legal observers note that the growing frequency of high-profile discontinuances has sharpened debate around prosecutorial discretion, with critics warning that unchecked authority risks undermining confidence in anti-corruption efforts and the broader justice system.
For HRDC, the path forward is clear and urgent: reform the law, open the process to public scrutiny and restore confidence in a system where decisions to halt prosecutions are no longer shrouded in silence but anchored in accountability.
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