Court halts Malawi speaker’s inquiry into troubled state bodies

The High Court has temporarily stopped Parliament from launching public inquiries into several troubled state institutions.

The interim order, issued on 4 September 2026, bars Speaker Sameer Suleman and Parliament from establishing or operationalising joint ad hoc committees to probe the Immigration and Citizenship Services Department, ESCOM, EGENCO, Power Market Limited, Blantyre Water Board and NOCMA.

It also covers any other government department or agency targeted by the Speaker.

The order follows an urgent judicial review application by private citizen Austin Mkoka, represented by lawyer Noel Dunstan Supedi of Supedi and Company.

Mkoka argues the proposed inquiries are unlawful and exceed Parliament’s constitutional powers under Section 49(1).

The court has granted Mkoka permission to commence judicial review. It has ordered that the inter partes hearing be held within 14 days.

In the meantime, all steps towards establishing or operationalising the committees have been stayed until further orders.

The order carries a penal notice. Anyone who knowingly disobeys it risks contempt of court, with possible sanctions including fines, seizure of assets or imprisonment.

Suleman has said the proposed inquiries were triggered by petitions from citizens over poor services and operational failures.

He has said Parliament’s intention was to help citizens, not to usurp the powers of other arms of government, and has called for dialogue to resolve the dispute.

The case raises questions over the limits of parliamentary oversight, and where it ends and institutional overreach begins.