No cause for panic, IG says on ‘oppressive’ Police law

By Nyasa Times
Published: December 22, 2009

Mukhitho
MukhitoInspector General of Malawi Police Service, Peter Mukhito has said, citizens should not press the panic button over the passing of controversial police bill that empower police officers to carry out searches without a warrant.

The “oppressive” police law has sections similar to some oppressive laws of Zimbabwe which the Robert Mugabe administration used to oppress the opposition.

But Police Chief said the new law will strike “a balance” and downplayed fears that it will be abused.

“Under criminal procedure and evidence code, the normal procedure for police officer to go and conduct search, is to go through the Magistrate. But now, in case of emergencies , where police officer is actually investigating a case, and has again grounds to believe that in certain house there are items which have been stolen, the controversial bill actually provide an opportunity for the police officer to go there and then to do the search,” Mukhito said.

The Police Chief was speaking on an in-depth interview programme, Straight Talk.

The programme aired on Capital Radio which is hosted by journalist Brian Banda renowned for his no-holds barred questions was monitored by Nyasa Times on Tuesday evening.

Mukhito parried away fears that officers will abuse the new law to victimise innocent citizens.

“Police constable is a citizen of the country locally appointed but having powers. These powers are actually coming from members of the public. In fact, as police officers we are doing this work on behalf of members of the public,” said the IG.

He added: “Let me commit myself that it [police bill] will never be abused because in fact, procedurally the police officer will never go and do a search alone.

“Normally, it provides that the officer has to be accompanied by people within the society. They have to declare which items to search, after that they have to certify and the findings be submitted to the Magistrate.”

Mukhito conceded that he is “embarrassed” with reports that some law enforcers are conniving with criminals to carry robberies and theft of motor vehicles.

“I am embarrassed. I am a bit embarrassed at least what I do as a leader is just to make sure that whosoever does something wrong, in conflict of the law is sent to courts,” he said.

“In fact I must admit as head of police that we have rotten eggs in the Malawi Police Service and I cannot run away from that,” said the Inspector General.

The IG said he has so far interdicted several officers for misconduct and they are being prosecuted.

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