Human rights lawyer Bright Theu has criticized magistrates in Malawi for their “routine” issuance of arrest warrants, saying it infringes on individuals’ rights and ignores the principle of using the least severe means to enforce the law.
Theu’s comments come after a string of high-profile arrests in the country, including those of rights activist Bon Kalindo, Rumphi MP Kamlepo Kalua and cleric Rev Kondwani Gondwe, who were all taken into police custody on cybercrime-related charges stemming from WhatsApp voice notes.
Theu argued that in many cases, suspects can simply be summoned to a police station or court without the need for arrest, which he described as a “lazy” approach to justice.
“Magistrates are abdicating their legal duty by signing warrants of arrest without considering alternative measures,” Theu wrote on Facebook.
He adds: “This approach infringes on individuals’ rights and perpetuates a culture of unnecessary arrests and detention.”
Theu’s comments have sparked a heated debate on the role of magistrates in Malawi’s justice system, with many calling for reforms to ensure that the law is enforced in a way that respects human rights.
