Minister of Justice Charles Mhango has declared he has “no business” questioning why certain high-profile criminal cases have been discontinued, sparking debate over prosecutorial independence in Malawi.
The comments came in Parliament on Wednesday after Mulanje Central MP Kondwani Nankhumwa raised concerns that cases involving individuals linked to the ruling Democratic Progressive Party (DPP) are being dropped.
The discussion follows the discontinuation of proceedings against Norman Chisale, the Deputy Minister of Homeland Security, and Reyneck Matemba, a former Director of Public Prosecutions, both previously facing corruption-related allegations.
Reports indicate a growing pattern of high-profile cases being withdrawn, raising questions about selective justice and possible political influence over prosecutorial decisions.
Critics note that the discontinuations coincided with the return of President Peter Mutharika’s administration after the 2025 elections, prompting questions about executive intervention in legal processes.
Mhango defended his position, stressing constitutional boundaries and the independence of legal institutions.
“I am not supposed to interfere with the offices of the Attorney General or the Director of Public Prosecutions. I have got no business going to find out why a particular case has been discontinued,” said Mhango.
He added that the Director of Public Prosecutions is required by law to report discontinued cases to Parliament’s Legal Affairs Committee, not the Minister of Justice, highlighting the separation of powers.
Nankhumwa countered that the trend of dropping cases appears politically biased and risks undermining public confidence in Malawi’s justice system.
“Day in, day out, we are seeing cases being dropped, mostly involving those connected to the ruling party. While it is lawful, it is beginning to look like the law is being abused,” said Nankhumwa, calling for transparency and accountability in prosecutorial decisions.
