* The inaction of the Malawi Police Service in these matters is a clear dereliction of that Constitutional responsibility
* While emphasising that continued silence in the face of such attacks is utterly unacceptable
Analysis by Duncan Mlanjira
Three days after being demanded by Malawi Human Rights Commission (MHRC) to immediately provide a public explanation of its inaction to Thursday’s brutal violence in Lilongwe, Malawi Police Service has not responded.
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A day after panga knife-wielding gangs violently attacked peaceful demonstrators under the banner of Citizens for Credible Elections Thursday, the MHRC — which is responsible for protecting and investigating violations of rights granted by the Constitution and other laws — demanded the explanation from the Police “as well as other unresolved acts of violence against peaceful demonstrators”.
In its statement issued by chairperson Chikondi Chijozi, the MHRC emphasised that it was “deeply disturbed by the events that threaten to stifle and close down the civic space [and] of particular concern are incidents of lawlessness involving masked individuals, who have violently disrupted peaceful demonstrations recently, especially in Lilongwe and Mzuzu”.
The human rights watchdog maintained that Thursday’s event demanded “unequivocal condemnation [as] peaceful protesters led by Sylvester Namiwa, under the banner of Citizens for Credible Elections, were subjected to cruel treatment, resulting in serious physical and emotional harm to Namiwa”.
“The appalling failure of the Malawi Police Service, despite being physically present at the scene, to protect citizens from such mob violence, is profoundly unacceptable and constitutes a clear breach of their fundamental duty to safeguard life and property.
“On the same day, multiple vehicles were vandalised, with at least three of them set ablaze, as widely reported in the media.
“It is important to note that the demonstration in question, was duly authorised and law enforcement authorities were well notified in advance.
“The police, however, failed in their responsibility to provide security for peaceful and unarmed citizens who were merely exercising their democratic right to express their views on issues of national concern.”
The demonstration were led by the Police and the MDF
The MHRC further takes note that Thursday’s incident followed “a disturbing pattern” citing a previous one on November 13, 2024, when a planned demonstrations against the Malawi Electoral Commission (MEC) “were also violently blocked by panga knife-wielding individuals in Lilongwe”.
“Similarly, on 19th March, 2025, an organised demonstration by concerned civil servants at Kamuzu Memorial Tower was also disrupted by armed attackers, resulting in injuries to at least two individuals.
“Such attacks represent a grave assault on democratic principles and pose a direct threat to the civic engagement in Malawi.
“The continued failure by the Malawi Police Service to intervene decisively against such violence signals a growing culture of impunity. This inaction is unacceptable in a democratic state grounded in constitutionalism and rule of law.
November 2024 events
“The Constitution, through the Bill of Rights, guarantees protection and freedom for all Malawians. Section 15 of the Constitution places a binding obligation on all branches of Government to uphold and protect these rights without discrimination.
“The inaction of the Malawi Police Service in these matters is a clear dereliction of that Constitutional responsibility,” said the Commissioner, while emphasising that “continued silence in the face of such attacks is utterly unacceptable”.
Several members of the public have since identified some of the panga-wielding perpetrators of the brutal violence who were caught on camera carrying out their act savagery in full view of the Malawi Police and the Malawi Defence Force (MDF).
Identified as Nerson
One caught manhandling a demonstrator in full of the law enforcement officers, has been identified as Nerson, a bouncer at Illusions Bar in Lilongwe and he is also dressed in military regalia, which has just been banned by Minister of Homeland Security, Ezekiel Ching’oma just a day previously.
Yet day after Ching’oma made the announcement, the Malawi Police swiftly posted on its official Facebook page; https://web.facebook.com/malawipolice — warning that they would start arresting anyone found wearing military regalia.
The same individual, Nerson, is also suspected to be carrying a firearm, which was been detected on his trousers’ back pocket, yet possession of guns in public gatherings ahead of September 16 elections has been banned by electoral law as announced by Malawi Electoral Commission two days earlier.
Identified as Mkasa operating along Devil Street
One other individual has been identified as Mkasa, a mobile phone repairman operating along Devil Street with full direction to where he operates at his shop, hinting to the police that these can lead to organisers of the gang leaders and possible financiers of this political terrorism shaking the Capital City in recent times.
And the swift coordination, in which the violence perpetrators are using of expensive cars — coupled that none is being arrested for the crimes against innocent demonstrators— generate suspicion on the public that they are funded by high ranking individuals.
Expensive vehicle with no number plate abducting demonstration leaders
A day before the violence, the Malawi Police posted on its Facebook page reaffirming “its commitment to ensuring maximum security” ahead of the September 16 general elections.
Mangochi Police public relations officer, lnspector Amina Tepani Daudi reported that the assurance was made on June 23 during a high-level joint electoral security meeting at Sunbird Nkopola in Mangochi — that brought together key security agencies, including the MDF, Malawi Prisons and the Department of Immigration & Citizenship Services.
She quoted Inspector General of Police (IG), Meryln Nachulu Yolamu emphasising that while the police have the constitutional mandate to provide electoral security, the scale and complexity of the upcoming elections require a multi-agency approach. “We have incorporated our sister security institutions to build synergy and ensure that we deliver credible elections” she told the meeting.
IG Yolamu at the meeting along with MEC chairperson, Justice Annabel Mtalimanja
“We’ve already conducted internal assessments, identified gaps, and taken action. With the support of our fellow agencies, we are ready to police the 2025 elections,” said Yolamu — adding that the joint efforts would enhance checks and balances, ensure credibility, and facilitate the smooth coordination of resources during the election period.
But three days into the events that happened on Thursday, the Malawi Police — which touts itself as “a professional police service for a safe and secure Malawi” — haven’t made any update on its Facebook page despite being demanded to do so by MHRC and other stakeholders that include the Heads of Diplomatic Missions.
The Heads of Diplomatic Missions called on the Government and Malawi’s State authorities “to uphold the rule of law, protect the people of Malawi and conduct an investigation into any incidents of violence”.
“Malawi’s security forces have a duty to uphold the right to freedom of assembly for all citizens,” said the Heads of Missions in their joint statement. “We urge all Malawian to respect the right to assemble and demonstrate responsibly and peacefully.
“The right to freedom of assembly is enshrined in Malawi’s Constitution, protected under international human rights law and is the cornerstone of Malawi’s open and democratic society.
“As long-standing partners and friends of Malawi, we are troubled by reports that illustrate a trend of violence during peaceful and lawful demonstrations in Malawi’s cities.”
The Diplomatic Missions are European Union, Embassies of the Federal Republic of Germany, Iceland, Ireland, Japan, The Royal Nowergean, the United States and the British High Commission.
In her own statement, US Embassy Charge d’Affaires, Amy Diaz said she was “sickened to see the violence against peaceful demonstrators by a group of armed assailants [and] what was particularly appalling was the failure of the Malawi Police Service and the Malawi Defence Force to carry out their duties to protect their fellow citizens.
“A fundamental duty of government is to ensure that citizens can freely exercise their rights under the Constitution.”
Meanwhile, President Lazarus Chakwera, who is the Commander-in-Chief of the armed forces, reported from Nigeria yesterday that he was expecting “thorough investigations to ensure that all those who broke the law are brought to justice”.
Chakwera in Nigeria
He also said he “will be expecting a preliminary report from both the Ministers of Homeland Security and Defense” on his desk, which will form the basis of further actions to be taken “to ensure this does not happen again” between now and September 16.
“In the meantime,” he said, “let us each remain vigilant against those who seek to use our right to protest as an occasion to perpetrate violence and lawlessness for political gain. Let us not allow them to tear down the country we are working so hard to re-build.”
The Malawi Law Society (MLS) will be expecting that on his return the President should address the petition it issued on Thursday demanding the immediate dismiss of Minister of Homeland Security, Ching’oma and the IG Inspector Yolamu over their failure to act on perpetrators of escalating political violence that has just reared its head ahead of the September 16 elections.
Ezekiel Ching’oma
A statement signed by MLS president Davis Mthakati Njobvu and honorary secretary, Francis Ekari M’mame, reminds Chakwera that under section 153(4) of the Constitution, the Minister is responsible for ensuring that ‘the discipline and conduct of the Malawi Police Service accords with the prescriptions of [the] Constitution’ – a responsibility which the Minister has demonstrably failed to uphold”.
On IG Yolamu, the MLS says it has considered the “powers of command, superintendence, and direction that are bestowed in the office of the Inspector General under section 7 of the Police Act, and the powers that the President has under sections 154 (4) (a) and (b) of the Constitution, which respectively allow for the removal of the Inspector General of Police on account of incompetence of compromised impartiality”.
“Serious doubts exist regarding the competence and impartiality of the Inspector General of Police in light of today’s events, warranting her immediate removal from office.”
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In conclusion, the MLS reminded President Chakwera “and all those that exercise State power, including its agencies, that under Section 12 of the Constitution, all political and legal authority derives from the people of Malawi”.
“Such authority must only be exercised within the confines of the law, and crucially for the benefit of the people of Malawi.”
The MLS emphasised that it issued the petition through its statutory mandate under section 64(d) of the Legal Education and Legal Practitioners Act “to protect matters of public interest touching, ancillary or incidental to law”.
The MLS also that it issued the statement following another it did on May 12, 2025 in which it highlighted “the continuing reports of escalating violence, alongside the apparent inaction and cosmetic response by the State and its security agents”.
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