Controversial hip-hop artist Chavura remains  in custody:  Malawi Police need prosecution consent from DPP

Controversial hip-hop artist Mwiza Chavura who was arrested last Friday by Blantyre Police when he handed himself in relation to the song he released titled Ndidzakupanga rape will spend more days in the cooler until court rules on Thursday his bail bid.

Mwiza Chavura the singer of ‘rape’: Bail bid

The hip-hop musician, who has come under fire over lyrics of his controversial song about rape, has been charged with producing obscene materials, which is contrary to Section 179 (1) (a) of the Penal Code.

His four pro bono lawyers lodged a bail bid before Lilongwe Chief Resident Magistrate Violet Chipawo forarguing that the offense is minor.

But  Police Prosecutor, Cecilia Zangazanga, asked the court not to release the artists, to pave way for further investigations.

Senior superintendent Zangazanga said  the State would require 10 days to conduct further investigations, saying if released  he would interfere with the investigations.

“We would like to proceed with our investigations, we are not done. The State wants 10 more days to finalise investigations.

“He has been in hiding since the song was released, only to be arrested over the weekend,” she said.

Zangazanga also said they would need to get consent from the office of the Director of Public Prosecutions (DPP).

“Again, the offense the accused is answering requires consent from the Director of Public Prosecution’s office and that the State is likely to change the charges,” she argued

But Nicely Msowoya, one of the lawyers defending the artist, quashed the prosecutor’s argument,  saying Chavura handed himself to police after he received a phone call that he was needed for questioning.

He described the case as a misdemeanour that police could have simply given bail, saying  if found guilty, the musician can only be subjected to a fine and not imprisonment.

Msowoya said the State should have demonstrated  how Chavura would  interfere with investigations if released on bail.

“It is a misdemeanor which ought to result in a fine. Secondly, for purposes of interrogating him, the state has had much time. The investigations pending have got nothing to do with the need for him to be in custody. In any case, the song being talked about, has had time to be scrutinized for 16 days,” he said.

The four pro bono lawyers said they have adopted Chavura’s case because the public has condemned him enough, apart from considering that he does not do anything for a living as he is a fresh graduate from Mzuzu University and rely on support from his parents in Namiwawa, Blantyre where he resides.

Chief resident magistrate Violet Chipawo made a preliminary ruling saying that “considering the volume of submissions made by both parties, I need more time to scrutinize and come up with a determination”.

She then adjourned the case to January 25.

The artist issued an apology through his Facebook page saying he did not mean to offend anybody but, some argued that the apology lacked sincerity and remorse.

Musicians Union of Malawi (MUM), Women’s Legal Resources Centre (Wolrec) and other activists condemned the song calling the development retrogressive.

In a statement Wolrec said the song is insulting the modesty of women and girls and therefore asked the Malawi Censorship board to ban the song.

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Falozi makwangwala
Guest

HE IS BEING PERCESETED FOR HIS ARTIST WORK..HE NEED TO GO SEEK ASYLUM IN COUNTRIES WHERE ARTIST CAN WRITE ABOUT ANYTHING THEY WANT..THE SAME LUCIUSSS BANDA SAID HIS SONG “NDALEPHELA KUPILIRA” he said “WANDIMANA CHAMBA CHOYATSAYATSA “. NOBODY REACTED AGAINST HIM THAT HE IS ENCOURAGING SMOKING WEED. IM ARGUING THIS CASE NOT THAT I SUPPORT MWIZA BUT I AM JUST DEFENDING FREEDOM AND EQUALITY AMOUNG ARTIST BECAUSE I HAVE WATCHED DRAMA IN WHICH A MAN HAS BEEN RAPING A WOMAN IN MALAWI. IT IS JUST ARTIST WORK AND NOT A MESSAGE ASKING PEOPLE TO RAPE..REMEMBER ” MANGANYA WOGWIRIRA..MANGANYA WOGWIRILA”

Jozi
Guest

Just ban hip-hop mutchuke ndi inu…… big head sue them for wrongful imprisonment and tarnishing your image

Makuluni
Guest
Every arguement is valid inckuding the arguement that..film writers..book writers..dram play write..produce their artistic material on rape..drug dealing..murder.rape..drug dealing and anyother styff that happena in ther criminal dark world..in the name or art and creativity and entertainment. Karate movies for example are all about assault .battery .muggings..robery..rape..and others. If a a film writer writes about a guy shooting people and killing people as an outlaw..and film director produces the film..then film is allowed to be shown in malawi…same as many rap songs singigig about all aspecta of criminality are played on radio… IS IT ONLY WRONG WHEN AN ARTIST PRODUCES… Read more »
Chikadza Kuwani
Guest

Are no well wishe lawyers in Malawi to help this poor artist brothers there in Malawi.

Kayly
Guest
Shitthole country led by shitthole leaders, police and human rights defenders the kist goes. There are serious issues out there which have been dusted yet pipo are dying because of someone who messed up public resources. Chavura as an artist like a painter can portray what ever picture in an artisit way and thats not a crime. Go to other countires and see how artists are treated This is why malawi has been a laughing stoke to neighbouring countried coz we concentrate on usless issues leaving out those isseus that are killing our economy, education, health system, development and daily… Read more »
Gender activist
Guest
Munthu sanalakwe uyu, there is no proof that his words led anyone or him to commit a crime. Of course he is a stupid boy, kuyimbanso samatha but he doesn’t deserve to be in jail. In fact mumpatsa matama and mumuwonengelatu kwabatsi, now he will think himself a real hip hop G whose ticked all the boxes — disses women, been in jail, and zina zonse afoyilira fanz ya hip hop. Let the boy go home, mwangomuonelera coz he is nobody without a name. Let’s concentrate on reforming the society and raising better boys. A police yawo ntchito ikhale yomanga… Read more »
Ade
Guest

Ken Msonda incited people to kill gays and he is now a member of DPP. Police and courts are abusing their people. This is indeed a shithole country, led by shithloes. What crime did you say he commited? Insulted the modest of women? incited violence? What about those who sing Oyambana ndi Peter sagona timpweteka? Is this not inciting violence? Shithole justice!!!

DPP1
Guest

Please, give him bail, this is torture now, he apologized…so what? You cannot treat him like that just for a song as if he killed a person!! what investigations are you to undertake?

Biti John
Guest

He committed a crime and jail is his home.
Apologies does not work in criminal act.
He is a would be rapist !!!

nkhaza
Guest

You cannot imprison a person who has just said “I’ll start stealing in town” can you?

Bosslady
Guest

Fresh graduate? I wouldnt employ him

nadia
Guest

You can’t pay him my friend, his parents have got cash more than what you have,

Systems Thinker
Guest

Mwanayu analakwa of course koma zalowa ma emotions izi. See the invisible Gollira guys. This is being handled by women magistrates and you expect to objectivity. I feel sorry for you Chavura. Ufela zaeni

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