As debate intensifies over the repeated arrests of individuals accused of political violence, prominent lawyer Counsel Prince Stevens has urged Malawians to focus on the rule of law rather than emotions.
In a post shared on his Facebook page, Stevens explained that Malawi’s Criminal Procedure and Evidence Code does not restrict how many times a person may be arrested what matters, he said, is that each arrest must be based on a lawful reason or new evidence.
“The Criminal Procedure Code doesn’t limit arrests. What it requires is lawful grounds for each one. If the State has new evidence or a new offence, it has the right and even the duty to act,” he wrote.
His remarks come amid MCP concern over the repeated arrests of Lastorn Malizani, Felix Makenga, Bruno Munlo Makina, Erick Phakamisa, and Hanif Banda, among others.
Some members of the public have described these arrests as politically motivated.
Stevens reminded Malawians that it is the courts not social media that determine what is fair and legal.
“Courts are not children. They test evidence, not social media opinions,” he stated. “The accused has legal options, including seeking a judicial review.”
In a follow-up statement written in Chichewa, Stevens emphasized that justice must apply equally to everyone: “Adzikwanje amangidwe ndithu. Ufulu wawo siwoposa omwe timaopsezedwa kukapanga zionetsero. Siyani kukonda zigawenga.”(Those who deserve to be arrested should indeed be arrested. Their rights are not greater than those of people who live in fear during demonstrations. Stop sympathizing with lawbreakers.)
While Malawi Congress Party (MCP) spokesperson Jessie Kabwila has described the arrests as politically driven, Stevens maintained that his focus is strictly on the legal process, stressing that what matters most is adherence to the law not the number of arrests made.
