Police defy parliament directive

By Michael Martin//MALAWI

●Parliament older immediate release of Kunkuyu

Police in have declined to comply with a formal request from Parliament to release Dedza Mulunduni Member of Parliament, Honourable Moses Kunkuyu Kalongashawa who was arrested on Monday in Lilongwe.

Parliament had written to the Inspector General of Police, Mr. Richard Luhanga, demanding the immediate release of the legislator from police custody.

Despite this request, police authorities have opted to proceed with court processes instead of releasing the MP.

According to Kunkuyu’s lawyer, George Jivason Kadzipatike, police intend to take his client to court this morning in Lilongwe.

Kadzipatike said this decision was made notwithstanding Parliament’s clear communication invoking constitutional protections.

As of this morning, Kadzipatike and other lawyers representing the MP had already arrived at the Lilongwe Magistrate’s Court.

However, by the time of reporting, police had not yet brought Kunkuyu to court.

This development has raised concerns over the relationship between Parliament and law enforcement authorities.

On Tuesday, Clerk of Parliament, Fiona Kalemba, formally wrote to the Inspector General of Police.

In her letter, Kalemba requested the release of Kunkuyu from custody.

The request was made to allow the MP to participate in ongoing parliamentary committee meetings.

Kunkuyu is a member of one of the committees currently sitting under the authority of Parliament.

Parliament argues that his arrest violates constitutional provisions safeguarding legislators.

Specifically, Parliament cited Section 60(1) of the Constitution of the Republic of Malawi.

This section provides immunity to the Speaker, Deputy Speaker, and Members of Parliament from arrest while Parliament or its committees are sitting.

The only exception to this protection is in cases involving treason.

Parliament maintains that the charges facing Kunkuyu do not fall under the category of treason as such, Parliament insists that the arrest is unconstitutional.

In its communication, Parliament expressed hope that police would comply with the request without delay.

The committee Kunkuyu belongs to is responsible for foreign relations and international affairs.

Parliament emphasized that the committee is currently in session.

This, according to Parliament, places Kunkuyu under full constitutional protection.

Kunkuyu also serves as the Director of Publicity for the Malawi Congress Party (MCP).

He was arrested at the Lilongwe Police Headquarters after voluntarily presenting himself to authorities.

The MP had gone to the police after learning that officers were looking for him.

Police later confirmed that he was taken into custody upon arrival.

Authorities say he is being investigated for allegedly inciting violence.

The allegation stems from remarks he made earlier this month.

On 10 January 2026, Kunkuyu addressed a gathering in Lilongwe at a funeral ceremony for the late Honourable Madalitso Fred Kazombo who was the former First Deputy Speaker of the National Assembly.

The funeral took place at the Malawi Congress Party headquarters.

During his speech, Kunkuyu criticized the arrest of several senior MCP officials.

Among those mentioned was MCP Secretary General, Honourable Richard Chimwendo Banda.

Chimwendo Banda has reportedly been detained at Maula Prison for close to a month.

According to Kunkuyu, the detainees were being held without being formally charged.

Police allege that Mr. Kunkuyu’s remarks had the potential to incite public disorder.

His lawyers, however, argue that the comments were political in nature and protected by law.