By Burnett Munthali
LILONGWE — The Human Rights Consultative Committee (HRCC) has called on Malawi’s Director of Public Prosecutions (DPP) to terminate the remaining corruption proceedings against convicted Chinese wildlife trafficker Lin Yunhua, arguing that he has already completed the sentence imposed for his wildlife-related crimes.
In a legal memorandum dated July 15, 2026, HRCC chairperson Robert Mkwezalamba asked DPP Fostino Maele to exercise his constitutional authority under Section 99 to discontinue the pending case through a nolle prosequi.
Lin was arrested in August 2019 during a multi-agency investigation into the Lin-Zhang syndicate, which authorities linked to the trafficking of ivory, rhinoceros horns and pangolin scales, as well as money laundering.
Two years later, the Lilongwe Senior Resident Magistrate’s Court sentenced him to 14 years in prison after convicting him of wildlife trafficking, unlawful possession of wildlife specimens and money laundering. The sentence was backdated to the date of his arrest.
According to HRCC, Lin subsequently completed that sentence following presidential remission programmes granted in December 2021, July 2023 and March 2024.
He has, however, remained in custody because of separate corruption charges brought by the Anti-Corruption Bureau (ACB) in 2025.
The corruption case stems from allegations reported in October 2024 that Lin paid K30 million to the then officer-in-charge of Maula Prison and constructed a house for the official in Area 49, Lilongwe, allegedly in return for preferential treatment, improved accommodation and unauthorised escapes from custody.
HRCC raises equal-treatment concerns
HRCC says the prosecution raises questions about the consistent application of Malawi’s anti-corruption laws.
Mkwezalamba argued that although Lin has been charged with allegedly offering bribes, prison officials accused of soliciting or receiving the payments have reportedly faced administrative rather than criminal proceedings.
The organisation maintains that the Corrupt Practices Act establishes criminal liability for public officials who solicit bribes or fail to report corrupt approaches.
It therefore contends that pursuing Lin while handling the alleged recipients administratively could amount to unequal treatment under the law.
HRCC also referred to an earlier attempt by the ACB to withdraw the corruption proceedings after the bureau concluded that it could not establish the case beyond reasonable doubt.
The court rejected that application, holding that the constitutional power to discontinue criminal proceedings rests with the DPP under Section 99 of the Constitution.
Conservation groups oppose withdrawal
The HRCC intervention comes amid opposition from environmental and civil society organisations that have urged the authorities to continue pursuing the corruption case.
A coalition of 12 organisations, including Indigenous Conservation of Nature, the Centre for Environmental Policy and Advocacy, Youth and Society and Lilongwe Wildlife Trust, previously objected to reports that the State might abandon the proceedings.
The coalition argued that dropping the case could weaken efforts to combat corruption and organised wildlife crime.
Its founder, Fumukazi Zilanie Gondwe, also called for Maele to recuse himself from matters involving Lin because of his previous role as legal counsel for the convicted wildlife syndicate leader before joining government.
Following a High Court ruling in July that rejected the ACB’s attempt to discontinue the case, Gondwe said the decision reinforced confidence in the justice system.
She described the court’s position as an important safeguard against the misuse of judicial processes and unnecessary expenditure of public resources.
Warning over continued detention
HRCC has warned that keeping Lin in custody after he has completed his original prison sentence could expose the government to potential legal and financial consequences if the corruption proceedings ultimately fail.
Mkwezalamba said each additional day of detention could create potential prejudice and expose taxpayers to compensation claims if the custody were later found to be unlawful.
The organisation stressed that its intervention was not intended to undermine the fight against corruption or organised crime, but rather to promote constitutional safeguards, due process and equal protection before the law.
Ministry of Justice spokesperson Frank Namangale confirmed that the ministry had received HRCC’s request.
He said the petition would be assessed according to the applicable law and the facts surrounding the case.
Namangale maintained that Lin is currently being held under a High Court-sanctioned order and therefore disputed the suggestion that his detention automatically exposes the State to legal action.
The dispute places Malawi’s commitment to combating wildlife crime and corruption alongside broader questions concerning prosecutorial discretion, equal application of the law and the rights of individuals facing prolonged detention.
