Legal heavyweights are raising red flags over Malawi's presidential pardon system, warning that it is being used in ways that weaken the courts, deny victims justice, and protect the undeserving.
University of Cape Town law professor Danwood Chirwa says the pardon power--although constitutional--has drifted dangerously away from its original purpose.
"Of particular concern is that the prerogative is being exercised increasingly to undermine the administration of justice, especially the independence of the Judiciary," he said.
Chirwa pointed to recent high-profile cases, including the purported December 2025 pardon of six police officers convicted of murdering Buleya Lule, who died in police custody in 2019.
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"These cases should have been left to the courts," Chirwa said. "A pardon just after conviction and before an appeal is heard destroys judicial independence."
Police Killers Walk Free?
The six officers--Paul Chipole, Ikrama Malata, Richard Kalawire, Innocent Lwanda, Maxwell Mbuzi and Abel Maseya--were convicted in December 2024 and sentenced in February 2025 to between 15 and 20 years for Lule's murder.
Yet prison sources say they were released within months, long before serving even half of their sentences--raising serious questions about how they qualified for pardon.
Under normal rules, murder convicts and prisoners who have not served at least half their sentence are not eligible.
So how did these officers get on the pardon list?
This Is Not an Isolated Case
The controversy is not new.
In July 2025, President Lazarus Chakwera pardoned businessman Thom Mpinganjira while his appeal was still pending in the Supreme Court. Mpinganjira had been jailed for trying to bribe judges during the 2019 presidential election case.
Before that:
Joyce Banda pardoned a relative convicted of rape in 2012.
Bakili Muluzi pardoned armed robber Clive Macholowe in 2004.
Each case triggered public outrage and accusations of abuse of power.
Rights Lawyers Say the Law Is Broken
Criminal lawyer Chikondi Chijozi-Jere says the Constitution allows pardons--but that does not mean they should cancel justice.
"If the President pardons a person convicted of murder, does that not cancel the victim's right to justice?" she asked.
She says the law needs urgent reform to protect human rights, accountability, and victims.
So How Does a Pardon Happen?
The process begins with the Malawi Prisons Service, which identifies eligible prisoners based on:
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Good behaviour
Rehabilitation
Vulnerability
Prison overcrowding
And having served at least half of their sentence
The list is then reviewed by officials from:
Malawi Prisons
Ministry of Homeland Security
Ministry of Justice
Attorney General
It is finally sent to the President, who has the last word.
But when asked how the six police officers--convicted of murder--made it onto the list, prison officials said the matter should be explained by the Minister of Justice, who has so far not responded.
Civil Society Demands Answers
Human rights leader Victor Mhango says the secrecy around these pardons is destroying trust in the justice system.
"The public deserves to know how these people were selected, whether victims were considered, and whether public safety mattered," he said.
"Without transparency, pardons look political, not just, and that is dangerous."
Big Question
Is the presidential pardon meant to correct injustice--or has it become a shortcut for powerful people to escape it?
Right now, many Malawians fear it is doing more harm than mercy.
