A deepening political standoff in Malawi, marked by opposition arrests and judicial defiance, is testing the country’s democratic foundations and drawing growing international concern.

By Collins Mtika

A rare phone call between former president Lazarus Chakwera and current leader Arthur Peter Mutharika has exposed growing tensions over a wave of arrests targeting the opposition Malawi Congress Party (MCP) following last year’s disputed elections.

The situation has raised international concerns about Malawi’s commitment to democratic principles.

Both parties confirmed the 19 January, 2026 call, during which Chakwera urged Mutharika to stop what he described as politically motivated arrests.

Since November 2025, at least eight prominent MCP members have been detained, some held for weeks without formal charges, despite court orders for their release.

Mutharika’s Democratic Progressive Party (DPP) won the 16 September 2025 elections after a record voter turnout. The MCP alleged widespread fraud.

The 85-year-old Mutharika, who was ousted in a 2020 court-ordered election rerun, returned to power promising anti-corruption reforms and economic recovery.

Instead, critics say the arrests of former ministers, party officials, and aides resemble Malawi’s longstanding pattern of “winner-takes-all” politics, where the ruling party uses state power to target opponents.

Tensions escalated after the election. On 21 November 2025, Chakwera’s personal aide was arrested without explanation. Five days later, police attempted to raid Chakwera’s home in Lilongwe. By early December, his former cabinet secretary had also been detained.

On 12 December 2025, former local government minister and MCP secretary-general Richard Chimwendo Banda, along with former trade minister Vitumbiko Mumba, were arrested on vague incitement charges.

Banda was held for over 30 days without bail.

In early January 2026, the High Court ruled these prolonged detentions unconstitutional under Sections 42 and 44 of the Constitution and prohibited further arrests of those individuals.

However, on 20 January, MCP campaign director and MP Moses Kunkuyu was charged with inciting violence related to the election, despite his current role on the parliamentary International Relations Committee.

Police spokesperson Lael Chimtembo claimed there was “credible evidence” but provided no further details. The MCP says such lack of transparency has become routine.

The presidency denies claims of political persecution. In a statement on 20 January, Mutharika’s office described the arrests as legitimate responses to electoral violence and fraud, not political retaliation.

Chakwera’s spokesperson, Gift Nankhuni, called the arrests “systematic”, citing threats from the Ministry of Homeland Security to “zero in” on MCP members, “including individuals whose only crime is exercising their freedom of speech”.

Human rights groups report harsh detention conditions. According to a 2025 Human Rights Commission report, Chimwendo Banda spent a month in an overcrowded prison where cells designed for 50 inmates held about 200.

This moment echoes past cycles. In 2021, during Chakwera’s Tonse Alliance rule, DPP figures, including former and current finance minister Joseph Mwanamveka, were arrested for corruption, prompting Mutharika to allege political persecution when his bank accounts were frozen.

A 2022 High Court ruling had banned mass arrests and ordered police to follow clear guidelines. The current arrests suggest inconsistent enforcement.

The Malawi Human Rights Commission has recorded 45 politically linked arrests since September, up from 11 in 2024.

In a January brief, the Malawi Law Society warned that these trends undermine public trust in the judiciary, noting that 60% of Lilongwe detainees have been waiting more than six months for trial.

The implications go beyond Malawi’s borders. The country depends on foreign aid for about 40% of its $8.5 billion 2026 budget. Key donors, including the US and EU, tie their support to good governance benchmarks.

Earlier this month, the World Bank flagged “democratic backsliding risks”, linking the arrest wave to the delayed disbursement of $150 million in aid.

The Southern African Development Community (SADC) has urged dialogue, warning that the unrest could affect regional stability, especially with Malawian troops active in Mozambique’s counter-insurgency efforts.

Business confidence is also at risk. “Unchecked arrests signal to investors that courts bend to politics,” said rights activist Undule Mwakasungula.

He warned that promised foreign direct investment, expected to reach $2 billion, may never materialize.

Mutharika has proposed a “ceasefire” and talks, but as of 21 January, there had been no follow-up. Meanwhile, the MCP warns of further arrest threats despite the High Court’s ruling.

This article was made possible by a partnership with the Centre for Investigative Journalism Malawi (CIJM) — www.investigative-malawi.org