MHRC accuses Malawi police of 'investigating through arrest' as it demands Namiwa's release

The Malawi Human Rights Commission (MHRC) has launched a scathing attack on the Malawi Police Service over the continued detention of activist Sylvester Namiwa, demanding his immediate and unconditional release and warning that arrest powers must never be weaponised to punish or silence legitimate criticism.

In a hard-hitting statement, the Commission branded Namiwa's continued detention "neither necessary nor proportionate," raising serious concerns that he is being arbitrarily deprived of his liberty in breach of sections 18 and 42 of the Constitution.

Namiwa has been held in police custody since 30 July 2026, after being summoned to National Police Headquarters in Lilongwe over public statements he had made.

According to the MHRC, he honoured the summons voluntarily after being contacted via WhatsApp — but when questioned, he declined to answer without his lawyers present, and was subsequently told verbally he was under arrest for "Conduct."

He was then transferred to Lingadzi Police Station.

The Commission didn't hold back in outlining the constitutional red flags surrounding the arrest.

"Arrest should follow, not precede, adequate investigation," it stated bluntly, insisting police must first establish reasonable grounds before detaining a suspect — and warning that arrest must never be used as a substitute for investigation or a tactic to pressure suspects into incriminating themselves.

The MHRC has now issued police with an ultimatum: release Namiwa at once, or promptly bring him before a competent court on clearly specified charges.

If insufficient evidence exists to sustain a lawful criminal charge, the Commission insists, he must walk free without conditions.

Should police proceed with charging him under section 180 of the Penal Code for conduct likely to cause a breach of the peace, the Commission says he must be immediately granted police bail — pointing out that the offence is a misdemeanour for which bail is ordinarily routine, and that no exceptional circumstances have been presented to justify keeping him locked up.

The watchdog also took aim at what it described as a troubling pattern of arrests conveniently timed toward the end of the working week, trapping suspects in custody over weekends when the justice system grinds to a halt.

"Arrest should never be used to punish individuals before trial," the Commission warned sharply, insisting police powers exist to facilitate justice — not to punish suspects or intimidate people out of exercising their constitutional right to free expression.

In one of its most pointed criticisms, the MHRC accused police of effectively "investigating through arrest," suggesting Namiwa may have been detained before investigators had even completed their inquiries.

It cited a landmark High Court ruling affirming that arrest powers must be exercised lawfully, reasonably, and only where genuinely justified — with less restrictive alternatives considered first wherever possible.

Perhaps most alarmingly, the Commission revealed that Namiwa was initially denied access to food, warm clothing, lawyers, relatives and other visitors after his transfer to Lingadzi Police Station, only being permitted to see his legal team and family on the morning of Friday, 31 July.

The MHRC said such treatment risks violating a raft of constitutional protections — including the right to be promptly informed of arrest reasons, to privately consult a lawyer, to be visited by family, and to be held in conditions consistent with basic human dignity.

The Commission went further still, calling on Parliament to review and repeal section 180 of the Penal Code altogether, arguing the controversial provision has repeatedly fuelled allegations of abuse, arbitrary arrest and unjustified detention that sit uneasily with Malawi's democratic and constitutional values.

In its closing remarks, the MHRC issued a stark warning to authorities, insisting Namiwa's standing as a prominent human rights defender made the case especially concerning — and cautioned that law enforcement must never be allowed to erode civic space or stifle legitimate activism.

The Commission confirmed it will continue closely monitoring the case, reiterating its firm and final demand: police must either release Namiwa immediately, or bring him promptly before a court — while fully respecting his constitutional rights throughout.