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.
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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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”
Just ban hip-hop mutchuke ndi inu…… big head sue them for wrongful imprisonment and tarnishing your image
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 HIS WORK ON RAPE..I WOULD SAY SUCH MATERIAL SHOYLD COME WITH A WARNIG TO LISTERNERS OR IF A MOVIE TO VIEWS AND SENSORTSHIP BOARD SHOYLD RATE THE MATERIAL AND ALLOW IT INTO THE MATERKET.
HIWEVER OUR MORALS ..CULTURE AND RELIGIOUS VALUES SHOULD MAKE US STAT AWAY FROM PRODUCING SUCH ARTIST MATERIAL AND ALSO LISTENING OR WATCHIG WUCH ARTIAT MATERIAL.
LIKE EMINEM SAID WHEN HE SINGS.. “I WILL CHOP MY WIFS HEARD AND PUT HIS IN THE BOOT THEN DUMP HER IN A RIVER” HE IS NOT ENCOURAGE CRIMINALITY OR COMMITING THE CRIME..ALL HE IA DOING IIS PRODUCING AN ART piece of poerty in form of music as a medea..he syas that is not different from a film showing a man killing his wife and putting her in a boot then dumoing her in a river.
Dont judge..the song was of bad tatse but legally…..things are tricky and arguable. Who bought and listwnig a song called ” ndidzakupanga rape” AND WHY DID THEY BUY IT AND WHY DID THEY LISTEN TO IT..I
Are no well wishe lawyers in Malawi to help this poor artist brothers there in Malawi.
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 life. FREE CHAVULA
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 ogwilira eni eni ndi andale akuba zenizeni ndi andale akugwilira under age girls. Simunadabwe ma activist kuti uyu sananjenjeme kummanga a police, it’s because he is the perfect token. Next time big fat cat akazagwilira mwana apolisi sazammanga and when you protest azati dekhani ma activist tikupanga kaya investigate — tikakozenka tiwamanga achikulire, ntchito yathu timatha, siife aja tinamanga Chavura. Inu muzangoti kukamwa yasa. Let the boy go. Uyu akakonze makolo ake ndi anthu akwawo, mwina ndi abusa ngati busa wachilungamo angapezeke poti izi zalowa gain masiku ano.
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!!!
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?
He committed a crime and jail is his home.
Apologies does not work in criminal act.
He is a would be rapist !!!
You cannot imprison a person who has just said “I’ll start stealing in town” can you?
Fresh graduate? I wouldnt employ him
You can’t pay him my friend, his parents have got cash more than what you have,
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
Send him to prison akumuchite rape ya mathanyula so that he should understand that rape is a serious life changing brutal act to the victim.
How can the so called ededucated person compose an inhuman song like that one? Sukulu sinamuthandize ata!
As much as I don’t agree with song why can’t you leave this boy alone? He apologised mmalo momanga Chaponda, Nakhumwa ndi mbava zikumaba muboma you are wasting your time kumpanga mnyamatayu. He has learned his lesson. It was only a song. Free Chavura
This lunatic rape fan deserve this.
The cases you are talking about are totally different.
Learn to argue based on facts not hate..otherwise people might conclude u are also a rapist
I Think you prove not to know how argue as well because Chavura is not a rapist is just an artist for your own information
Are you saying we should leave people free because some1 is walking free also?
Maphunziro opanada nawo nzeru ndi umunthu.