Police Obtain Search Warrant for HRDC Leaders' Remarks

Police in Malawi have obtained a search warrant to access audio and video recordings of a March 2020 press briefing involving former leaders of the Human Rights Defenders Coalition (HRDC). The warrant, issued on November 9, 2026, by the Lilongwe Second Grade Magistrate's Court, directs police to search Zodiak Broadcasting Station premises for the recordings. The press conference, held on March 6, 2020, was addressed by the then HRDC chairperson Timothy Mtambo, his deputy Gift Trapence, and senior member Reverend McDonald Sembereka.

The search warrant is related to allegations that the trio solicited another person to break the law, contrary to Section 124 (1) (b) of the Penal Code. The warrant authorizes police to take possession of the recordings and produce them before the court. This development comes days after Lilongwe chief resident magistrate Austin Banda canceled arrest warrants issued against the trio over alleged breaches of bail conditions. Banda ruled that the underlying criminal case was withdrawn by the State on October 1, 2020.

The withdrawal of the case effectively discharged the case and rendered the bail conditions inapplicable, meaning the trio could no longer be arrested for allegedly breaching conditions that had ceased to exist. However, State prosecutor Prescott Mwayiulipo informed the court that the State intended to revive the matter, prompting Banda to advise prosecutors to make a formal application. The trio's lawyer, Khwima Mchizi, expressed concerns about the State's decision to pursue the matter after it had been withdrawn.

Mchizi questioned the decision to revive a case that had been withdrawn, citing the constitutional rights of individuals, particularly the right to a fair trial and to be tried within a reasonable time. He stated that the defense was ready to challenge the matter in court should the State proceed. Efforts to get comment from National Police spokesperson Gladys Chiwaula proved futile as she had not responded by press time.

The HRDC was deregistered, and the case against its former leaders has been ongoing. The Lilongwe Second Grade Magistrate's Court issued the search warrant as part of the investigation. The court documents reveal that the warrant was issued after an application was made by the police.

The search warrant is a significant development in the case against the former HRDC leaders. The police will search the Zodiak Broadcasting Station premises for the recordings of the March 2020 press briefing. The outcome of the search and its implications for the case remain to be seen.

The case has sparked concerns about the State's discretion to prosecute and the constitutional rights of individuals. The defense has expressed readiness to challenge the matter in court, and the State's next steps will be closely watched.

Key points

• Police obtain search warrant to access 2020 press briefing recordings of HRDC leaders
• Case against former HRDC leaders revived after State withdraws charges in 2020
• Defense expresses concerns about State's decision to pursue withdrawn case