From Allafrica · · 1m 20s
Malawi Court Cancels Arrest Warrants
Malawi court cancels arrest warrants for three activists after dispute over 2020 case status.
In brief
Malawi court cancels arrest warrants for three activists after dispute over 2020 case status. Malawi's chief resident magistrate cancelled arrest warrants for Gift Trapence, Timothy Mtambo and Rev MacDonald Sembereka after ruling the 2020 criminal case was discontinued. Originally reported by Allafrica.
Court cancels arrest warrants
Malawi's chief resident magistrate cancelled arrest warrants for Gift Trapence, Timothy Mtambo and Rev MacDonald Sembereka after dispute over whether the criminal case was still before the court.
Applicants challenged warrant validity
The applicants argued that once the case was withdrawn in October 2020, the associated bail conditions automatically fell away, creating no legal basis for later arrest warrants.
State opposed application
The State, represented by Prescott Mwaiulipo, Director of Prosecutions for the Malawi Police Service, argued the applicants failed to prove the case was formally withdrawn and that warrants remain in force until executed or cancelled.
Court records from 1 October 2020
Court records show the matter came before magistrate Violet Chipao with prosecutor Zangazanga appearing for the State, and the court ruled the case was withdrawn and accused set free.
Magistrate Austin Banda's ruling
Magistrate Austin Banda ruled the warrants were cancelled, ending the legal challenge over the status of the 2020 proceedings and court records.
The essence
Malawi's chief resident magistrate cancelled arrest warrants for Gift Trapence, Timothy Mtambo and Rev MacDonald Sembereka after ruling the 2020 criminal case was discontinued.
