In a landmark ruling, Senior Resident Magistrate Bracious Kondowe in Lilongwe decisively slammed the State over a bungled attempt to search fertilizer alleged to have been illegally acquired at Namuleri Farms Limited in Kasungu. The farm belongs to Leader of Opposition Simplex Chithyola Banda, who is represented by lawyer George Jivason Kadzipatike.
The ruling, dated December 19, 2025, set aside a search warrant obtained by the State on December 15, 2025, citing flagrant non-compliance with Sections 113 and 113A of the Criminal Procedure and Evidence Code.
In his application to quash the warrant, Kadzipatike tore into the State, arguing that the affidavit used to secure the warrant was vague, incomplete, and legally inadequate. It failed to specify the exact fertilizer in question, the quantity, batch or serial numbers, type of fertilizer, or even the period during which it was allegedly acquired illegally.
The State, predictably, tried to downplay its errors, insisting that a search warrant is merely a "tool for investigation" and need not provide details.
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Magistrate Kondowe did not mince words, delivering a scathing rebuke:
"I would like to remind the State that a search warrant is more than a tool for investigations; it is a legal authorization with specific limits and protections. It would be misleading to call a search warrant just a tool. It carries legal authority and not just utility; it protects constitutional rights, affects the admissibility of evidence, and is conditional, not discretionary, as far as its use by the police is concerned."
The decision is a resounding victory for Chithyola, exposing careless overreach by the State and reaffirming that law enforcement must strictly respect legal procedures.
Observers say the ruling sends a strong message: the authorities cannot rely on half-baked warrants to intimidate political opponents or bypass due process. For Chithyola, it is a vindication, a moment where the rule of law triumphed over bureaucratic recklessness.
