Police erred on MCP arrests – Malawi Law Society

Malawi Police erred on point of law in the manner they effected the arrests and charging of three opposition Malawi Congress Party (MCP) officials over a WhatsApp discussion that the police are claiming are treasonous, the Malawi Law Society (MLS) has said.

MCP officilas in Mzuzu addressing reporters Mtawali, Gondwe and Mafeni Soko.

MCP officilas in Mzuzu addressing reporters Mtawali, Gondwe and Mafeni Soko.

Police arrested MCP executive member Ulemu Msungama on Sunday, publicity secretary Jessie Kabwila on Monday and party legal director Peter Chakhwantha on Tuesday over a WhatsApp chat that purportedly talks about how President Peter Mutharika could be toppled.

According to the Police,  the MCP members discussed how to conduct an insurrection similar to Egyptian revolt that brought down Hosni Mubarak after nearly three decades in power.

They have charged all the three with a serious offence of treason after they initially obtained warrants of arrest for sedition. They have all been released on police bail without taking them to court.

The Law Society honorary secretary Khumbo Soko said the Bail Guidelines Act stipulates that police cannot grant bail to a person charged with serious offences like treason, murder, rape, armed robbery and burglary which he said are offences punishable by death.

Soko said the police were supposed to bring the suspects to appear before the High Court for hearing before it could release them on bail.

Police spokesperson Nicholas Gondwa said he did not know “what happened,” for the alleged coup plotters to get bail at Police before taking them to High Court.

According to the press, Gondwa said police indicated sedition as a “holding charge”  but the formal charge which the three have  been recorded statement on is treason.

He said the two charges are “ interrelated.”

Malawian law expert based at University of Cape Town, Danwood Chirwa, is also quoted saying  the arrests are illegal and indicative of the ruling Democratic Progressive Party being in disarray and at war with itself.

MCP  has rejected accusations by police that its members were part of a plan to topple the government by violent means.

Meanwhile, MCP regional Members of the north has described recent arrest of its officials as “cheap politics” by DPP.

Speaking during a news conference in Mzuzu,  MCP vice chairperson for Viphya Region Gracious Mafeni S oko said the nation is having  many problems that need the government attention  and that instead of  concentrating on solving the economic challenges facing the country, the regime is busy arresting people “to divert attention.”

“The DPP government want just to divert the attention of people from the suffering,” said Soko.

MCP has been calling on President Mutharika to resign following the economic meltdown.

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Kadakwiza
Guest
Kadakwiza
7 months 10 hours ago

Very sad indeed, it’s long way to go before Malawi will get out of poverty. Our leaders are busy fighting each other yet us the voiceless are suffering. no jobs, no development, no food, no clothes, no money no drugs at our hospitals. This is bad, very bad indeed.

mlauzi
Guest
mlauzi
7 months 3 days ago

Govt now has egg over its face. These people must be compensated. Heads should roll. We don`t want to go back to the dark days of detention wityhouttrial

tonde wakufa
Guest
tonde wakufa
7 months 3 days ago

kodi odandaula omamunjataso?yee!!wanthu oludandaula kuti zinthu sizuyenda bwino,ndiye mkadatinjata poti tsano tiyamba kulila zamalipilo ya wanthu ogwira ntchito ku boma,ayika otsibweni msatinjate

Nyaphaphi wa MJ ine
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Nyaphaphi wa MJ ine
7 months 3 days ago

Thumbs up Kabwila. Keep on fighting for us. Achoke!!!! achoke!!!! achoke!!!!, achoke anyaphaphi amenewa. anabera zisankho, alowetsa chuma pansi, akulephera kuthetsa njala, magetsi adakazimazimabe. Ndalama zikusowa, anthu akulephera kupeza 1000 kwacha ya mgaiwa. Katundu akukwera mtengo daily. Akulephera kupititsa Bill ya ATI ku Parliament, akulephera kukopa ma donners kuti ayambe kuthandiza dziko lino. Ndiye chimene akukhalira m’bomamo ndichani.

Rooney
Guest
Rooney
7 months 3 days ago
kabwira keep up fighting for the rights of the voiceless. this is the party that I know which smoke out those who advocate the public concerns.I wonder why the police dance into the tune of the party rather than protecting the citizen at large. Am afraid to warn APM that what the police is doing is mismanagement of public money bcoz lawyers to deal with the issue at hard will be paid instead that the money would have been used to construct a block at Katunguwiri which has been a junior secondary for aperiod of a decade and half. My… Read more »
pido
Guest
7 months 3 days ago

Akudikira kuti Parliament ithe. Muona adzaziyambaso nkhani zimenezi zomanga anthuzi. Pali ndae yauchitsiru apa

mbwiyache
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mbwiyache
7 months 3 days ago

Jessie, that is the politics you preferred to join in 2013 when Bingu was alive. Politics and arrests are twin brothers. Ask Kizza of Uganda, that’s African politics, this keeps those in authorities alive. Read more about politics. DPP simumaidziwa mayi apapa ndiye muidziwa nthawi ija munali outside politics mumangopanga noise ndiye analibe nanu ntchito apa muli mkati mwa politics mudziona amama Kabwila. “Politicians are not the people to be feared” 2009 Dr Jessie Kabwila Kapasula.

wadabwa
Guest
wadabwa
7 months 3 days ago

Zachisoni pa nyasaland

kamowa
Guest
kamowa
7 months 3 days ago

Zili kumalawi kkkk

Fabiano
Guest
Fabiano
7 months 3 days ago

VERY SOON YOU WILL SEE THE KWACHA STARTING TO REBOUND. CHOLINGA AWABERE ALIMI PONAMIZIRA KUTI KWACHA YAKWERA MPHAMVU. THIS GOVERNMENT IS CROOKED!!!!

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