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The High Court Civil Division in Lilongwe will on January 28, 2026, hear an application by the Malawi Police Service seeking to discharge an earlier order that granted permission for judicial review and an injunction in a case where 11 applicants challenged their arrests.
The applicants were granted leave on November 13, 2025, to commence judicial review proceedings against the Police, alleging unlawful arrests and seeking protection from further arrests.
However, through the Attorney General (AG), Honourable Frank Mbeta, the Police have filed a notice of application asking the court to set aside that decision, arguing that the applicants lack an arguable case, suppressed material facts, and that no constitutional or legal rights were violated.
Supporting the application, Senior Superintendent Master Nkhoma, Deputy Director of Criminal Investigation, submitted a sworn statement asserting that the applicants were arrested on different occasions, at different locations, by different police stations, and in relation to separate complaints lodged by various complainants.
“The Police acted within their lawful mandate under the Criminal Procedure and Evidence Code, which empowers officers to arrest suspects where there is reasonable suspicion of an arrestable offence,” he argues.
The Police further contend that the injunction was obtained on incomplete disclosure, claiming the applicants failed to reveal that the arrests concerned distinct alleged offences involving different facts and victims.
The court has directed that any sworn statements opposing the application be filed and served at least two days before the hearing date, when the matter will be considered in chambers.
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