Court orders Namiwa not to comment on ‘President in two months time claim”

The human rights activist Sylvester Namiwa has been granted bail on strict conditions that include a court order barring him from commenting publicly on the very case against him, the High Court in Lilongwe ruled  on Friday.

Presiding Judge Mzondi Mvula ordered that neither Namiwa nor his organisation, the Centre for Democracy and Economic Development Initiatives (Cdedi), may comment on the case or hold press conferences relating to it – a significant restriction on an activist whose public advocacy has long relied on media engagement.

The bail conditions further include a cash bond of K5 million, two blood-relative sureties executing non-cash bonds of K10 million each, the surrender of his passport, and a requirement to report to National Police Headquarters every Monday.

Namiwa, 48, had his release  from Maula Prison delayed, as lawyers worked through administrative procedures with the prison, police and prosecution authorities.

Namiwa, executive director of Cdedi, was arrested on July 30 following an interview broadcast on Luntha Television two days earlier. He faces charges of treason and publishing false news.

The state alleges that during the broadcast, Namiwa committed treason under Section 38(1) of the Penal Code by claiming that the Vice-President, Jane Ansah, would become President within two months, outside any legally recognised process.

He also faces a charge of publishing false news under Section 60(1), read with Section 34, over an allegation that five senior figures within the ruling party were using individuals from the Dzaleka Refugee Camp and from prisons to carry out targeted killings.

Justice Mvula ordered Namiwa’s conditional release under Section 42(2)(e) of the Constitution and set September 8 for plea-taking and a direction hearing.

In his ruling, the judge noted that although the 90-day pre-trial custody period under Section 161G of the Criminal Procedure and Evidence Code had not yet expired, the state had not opposed bail, having already completed the gathering of its evidence.

“The law of Malawi at present operates on a presumption that every person should ordinarily be granted bail, especially if they are fixed within the jurisdiction,” Justice Mvula said.

The state has been directed to provide full disclosure within seven days, while any future charges are to be served by summons rather than through fresh arrests.

Namiwa’s defence lawyer, Gift John Mwenye, said the bond had already been paid but that administrative processes were delaying his client’s release.

“The sureties have been accepted by the court and the bond has been paid,” Mr Mwenye said.