Kabwila pleads ‘not guilty’, to spend another night in police cell: Bail ruling pended

Academician, human  rights activist and politician Jessie Kabwila has pleaded not guilty to two counts of proposing violence and  uttering words to prejudice of the Constitution Court.

Kabwila (L) coming out of court in company of police woman
Kabwila addressed sympathisers outside court before being taken back in the cooler
Kabwila outside court

Kabwila, who  looked calm and composed in her plain grey skirt and jacket suit , entered her plea of not guilty when she appeared before Lilongwe Magistrate Court on Monday following her arrest on Saturday night in Lilongwe.

She was formally charged   charged with the first count of proposing violence at an assembly, contrary to Section 87 sub Section 1 (A) of the Penal Code.

The former parliamentarian for Salima North West has also been charged with an offence of uttering words to the prejudice of judicial proceedings contrary to Section 113 subSection 1 (D) of the Penal Code.

Asked what would be her plea to the charges, Kwabila, a UTM Party executive member, denied any wrong doing.

The State through  police prosecutor Cecilia Zangazanga said they have submitted 90% of disclosures and  were ready for trial having one witness who was ready in the court.

In the case, the State is accusing Kabwila if making a statement “calculated or likely to incite violence or induce persons to assemble to do physical harm to persons or damage property by urging the gathering to deal with persons supporting the chairperson of the Malawi Electoral Commission [MEC] Justice Jane Ansah”.

She  is accused of making a speech to the prejudice of the impending judicial judgement to be delivered by a five-judge panel in the constitutional case concerning the May 21 2019 presidential results.

The charges emanated from remarks Kabwila  made on January 9 in Chichewa: “Sitizagonjera amene akuseweretsa Constitution yathu… Ngati kuli wina akudziwuza kuti azigwilira anthu, ife tikuti tithana naye… Pamalawi pano panunkha mphira winawake akapereka chigamulo chachibwana chifukwa ifeyo sitilola…” (We will not let anybody to tamper with our Constitution. We will deal with anybody raping women.  If the court makes an unfair judgment, this country will smell smoke….”

Kabwila, who is a senior member of UTM, a political party of former vice president Saulos Chilima,  allegedly issued the threats on Friday during a demonstration organized by a civil society group called Human Rights Defenders Coalition (HRDC) to force Acting Inspector General Duncan Mwapasa to arrest and prosecute his officers who allegedly raped women in Mpingu and Mbwatalika in October last year when they had operations following the death of their fellow senior officer Usuman Imedi.

Defence  lawyer Khwima Mchizi made an application for bail but  the State pleaded for continued  remand for Kabwila, saying her charges are felony and that she poses a threat to the nation.

Zangazanga said  keeping her in custody is to safeguard her life.

But  lawyer Mchizi, trashed the reasons for her continued being held in custody saying the state failed to provide proper details on what they meant in their withholding statements.

Meanwhile, ruling for bail has been pended to Tuesday as Kabwila will spend another night in the cooler.

Chants of ‘osaopa’ (no fear) from the sympathisers prompted the police to let the Kabwila address the crowd of UTM supporters before taking her behind bars.

“Freedom is coming. I plead with you to keep calm,” she said.

Before she dumped Malawi Congress Party (MCP) early last year, Kabwila was arrested and charged with treasonous offence over a WhatsApp conversation she had with other party officials on how they could topple President Mutharika’s government.

A former lecture at the University of Malawi, Kabwila is accredited for championing the fight for academic freedom at Chancellor College.

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HelenClark
4 years ago

that govt in Malawi are not supporting women in cases of sexual assault. Ms Kabwila is trying to establish justice for girls and women who have possibly been raped by police force members. Here in Canada we applaud what she is trying to establish.

Shoes
4 years ago

Tax payers money will be lost due to compensation

Nzika
Nzika
4 years ago

BigMan, Ukunena zoona chifukwa zikuchita kuonekeratu apa kuti zikukomera mbuzi kugunda galu! Koma galu akabwezera, ndiye zambiri mbweee, kumunenera galu!

wa Nyau
wa Nyau
4 years ago

kkkk pano akunyera mu ndowa pakona kkkk eish life is unfair mafwethu

Nzika
Nzika
4 years ago

Kuswa Kuswa, Wapusa ndiiweyo umaombera mfiti mmanja. Kodi Mutharika sanamangidwe chifukwa chiyani popeza nayenso adayankhuka kuti he would unleash terror by ordering the Army to shoot and kill? Bola iyeyo APM alh ndi army plus police, nanga Kabwira ali ndi chiyani chomwe angagwiritse ntchito? Milandu yambiri yoopsa mwangoisiya koma ya Kabwila has been so swiftly. Selective justice indeed! Jomo wa ku Bangwe anamenya munthu atavala nsalu ya MCP in camera munangoipondereza as he was neither arrested nor charged and prosecuted. Komatu our Supreme Judge soon cometh and He will give us justice when He comes in His glory. A Judge… Read more »

Kuswa Kuswa
Kuswa Kuswa
4 years ago
Reply to  Nzika

Nzika please read the comment by wa Nyau above. Enjoy.

Muruti
Muruti
4 years ago

malawi under mutharikas dpp stinks of a filthy leadership. freedom is coming tomorrow. u r fight is for the future generations.Not fear. even Winnie Mandela went thru such.
Amandla!!!
freedom!!!
#free Jesse!!!!! u moronz

wa Nyau
wa Nyau
4 years ago
Reply to  Muruti

TOMMOROW munayambila muja

Kuswa Kuswa
4 years ago

Mayi wopusa uyu. Alaweko Basi. Panunkha mphira panunkha mphira chani. Unamva wekha mulandu pa wailesi. Mulandu wake uti? Zopusa basi.

Maliseche
Maliseche
4 years ago

Freedom is coming soon!!!!

UKBASE
UKBASE
4 years ago

Attention seeker

oMachemba
oMachemba
4 years ago

Kikiki ill fitting suit yosasita, yokwinyika!
Kubwelela ku ndende; ndipo ukagonabe pa mphasa lero. Mphutsi zikadyeponso.
She is behaving like she is a political martyr: fist salute and all. But she’s far from one.
Extreme naivite, no less. Simply put, she shows lack of sophistication basi.

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