The Malawi Law Society (MLS) has questioned recent decisions by Director of Public Prosecutions (DPP) Fostino Maele to discontinue several high-profile criminal cases, warning that the trend could erode public confidence in the country’s justice system.
The Society made the remarks in a statement issued to mark Malawi’s 62nd Independence Anniversary. It said it recognises the DPP’s constitutional powers to discontinue criminal proceedings, either independently or under the direction of the Attorney General.
The statement was signed by MLS chairperson Davis Njobvu and honorary secretary Francis M’mame.
It said information available to the Society indicates that many of the affected cases involve political figures aligned with the current government or former clients of Maele.
“Based on information available to the Society, many of the affected cases involve political figures aligned with the current government and/or former clients of Mr. Maele,” the statement said.
The MLS said the Constitution requires the DPP to explain discontinued cases before Parliament’s Legal Affairs Committee.
However, it said a growing number of citizens now view the power to discontinue prosecutions as a tool that favours politically connected individuals.
The Society also questioned a pending application by the Anti-Corruption Bureau, made at the DPP’s direction, to withdraw corruption charges against Lin Yunhua. The case is currently before the High Court.
“The society questions why a corruption-related case should be discontinued without the evidence being subjected to judicial scrutiny,” the statement said.
It added that Lin Yunhua was previously a client of Maele before his appointment as DPP.
The Society said this creates an apparent conflict of interest and urged Maele to avoid any perception that prosecutorial powers are being exercised for personal or improper purposes.
The statement comes amid ongoing public debate over prosecutorial independence and accountability, with the constitutional requirement for parliamentary scrutiny intended to promote transparency in the administration of justice.
