Roving Executioners”? The Use of Lethal Force in Malawi and Warnings from R v Cheuka

Between 2009 and 2011, Malawi witnessed an increase in the use of lethal force by the police. The president urged the police to implement a “shoot to kill” policy, a move which received wide acceptance in the country but also raised concerns from human rights activists. In 2009, the Malawi High Court in R v Cheuka considered the scope of section 44 of the Police Act which governs the use of firearms by the police. Clouded by the human rights implications of the shooting which led to the case, the court misinterpreted the law by introducing principles of international law that were not expressly provided for. The court also failed to expound a comprehensive test to determine the shooter's intentions. Nevertheless, the decision sheds some light on the efficacy of the law on the use of lethal force in Malawi and the question of whether a shoot to kill policy can be reconciled with the law.