Lilongwe Principal Resident Magistrate Court on Tuesday ordered the release of newly n elected Member of Parliament for Lilongwe City Centre, Alfred Jiya, who was being held on remand at Prison for allegedly committing offences in connection with the recent demonstrations against May 21 presidential election results.
First Grade Magistrate Viva Nyimba threw out State Prosecutors application of continuous holding of Jiya, releasing him on a K10 000 bail bond.
Nyimba ordered that Jiya and the others should be freed because the State is not ready with the case.
“Had it been the Police were ready with the case, it could have started today,” he said.
Nyimba pointed out that Malawi constitution guarantees citizens with freedom of demonstrations according to Section 38.
He said no one has such an authority to bar Malawians from demonstrations not even the District Commissioner.
Nyimba said Police and the DC are just informed on the intention to hold demonstrations.
Jiya and 18 other MCP supporters are answering charges ranging from malicious damage to proposing violence.
The suspects are being accused of making statements intending to damage or destroy government property while the second count accuses Jiya and five others of wilfully and unlawfully damaging entrance security glasses of Reserve Bank of Malawi offices.
The supporters were arrested on June 6 2019 during demonstrations in protest against electoral results after Malawi Electoral Commission declared President Peter Mutharika the winner of the presidential race.