A police warrant issued by the Lilongwe Senior Resident Magistrate Court, now in the possession of Nyasatimes, reveals that the arrest of former Minister of Trade and MCP presidential running mate Vitumbiko Mumba stems from remarks he made during a joint press briefing with Jessie Kabwila -- a briefing in which they raised concerns of possible electoral fraud by the Democratic Progressive Party (DPP).
The affidavit supporting the warrant, sworn by Superintendent Isaac Mndala of the Criminal Investigations Department, claims that the statements made at the press briefing amounted to "publication of false news likely to cause fear and alarm to the public." It cites the now-iconic line "WE HAVE GOT IT" as the trigger for the investigation.
But a closer look at the warrant exposes a disturbing pattern: rather than demonstrating a clear threat to public order, the document reads more like an attempt to police political speech and shut down dissent in the aftermath of a fiercely contested election.
The affidavit openly admits that the police acted after watching media coverage of the briefing -- footage that, according to the officer, is now believed to be under MACRA's custody. The officer requests a search warrant not because of any violent act, not because of any disturbance, but because journalists captured a political statement.
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This raises the central question:
Since when did expressing political disagreement or alleging electoral irregularities become a police matter in Malawi?
Mumba was picked up from his Area 47 home around 11:30 a.m. and taken to Lingadzi Police Station. His arrest -- swift and unceremonious -- has rattled observers who now see it as a test case for how far state machinery will go to silence voices challenging the electoral process.
Police National Spokesperson Lael Chimtembo confirmed the arrest but offered no detail, no justification, and no explanation beyond a curt: "Yes, I can confirm."
Yet the warrant itself provides the missing context. It is a document that reads like an attempt to convert a political disagreement into a criminal offence. It implies that raising a concern about an election -- a constitutionally protected right -- could now be reframed as "false news", a charge historically used in Africa to intimidate government critics.
Worse still, the press briefing in question was conducted after elections had already been announced by MEC -- at a time when political actors traditionally evaluate, contest, or challenge results. The police affidavit avoids this context, instead anchoring the case in an accusation that public commentary was an act of criminal alarm.
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This heavy-handed approach raises additional questions:
Is the state setting a precedent that any allegation of electoral malpractice is criminal unless it aligns with the ruling establishment?
Why is political speech being treated as a criminal investigation rather than a democratic process issue?
Why is MACRA being dragged into what is essentially a political dispute?
And why is the CID deploying its machinery to chase after words spoken at a press briefing instead of genuine security threats facing the country?
The timing of the arrest is also suspect. With tensions already high post-election, the move risks inflaming the perception that security institutions are being used to enforce political narratives rather than uphold the law.
The biggest concern is simple:
If opposition leaders can be arrested for speaking at a press briefing, what does that mean for freedom of speech, political competition, and public accountability in Malawi?
For now, all eyes remain on Lingadzi Police Station -- and on a justice system now being watched closely to see whether it will defend constitutional rights or enable the criminalisation of political discourse.
