Law expert faults Malawi police for arrest, re-arrest on Chisale
South Africa-based Malawian professor of law, Danwood Chirwa, has faulted the police for the arresting former president Peter Mutharika private bodyguard thrice even though courts granted him bail on different cases.
Writing on his Facebook wall, Danwood Chirwa said the conduct of the police on the matter was a matter of concern, saying the law enforcers seemed too eager to correct their past ineptitude and complicity by playing to the tune of the mob rather than following the law while exercising their responsibilities.
“The idea of arresting, re-arresting, re-arresting and re-arresting a suspect happens only in failed states and dictatorial regimes,” says Chirwa.
He says Malawi is governed by laws and has a Constitution, all of which must be respected all times.
“Even the most devious suspect or accused has due process rights that must be respected. The police cannot render court orders worthless by endlessly re-arresting suspects or accused persons,” he says.
Chisale was initially arrested on allegations that he was involved in a deal whereby Mutharika’s TPIN was used to import K5 billion worth of cement duty free.
As soon as he was given bail by the Lilongwe resident magistrate’s court, he was rearrested before even leaving the court premises, this time charged with attempted murder of a woman in Blantyre.
He was driven to Blantyre where the High Court granted him bail just to be rearrested for the murder of the Anti-Corruption Bureau deputy director Issah Njauju.
Chisale is now on full remand at Maula prison.
Is the man being arrested on the same crime or different crimes? Asiye kumumanga pa milandu inayo chifukwa mukuti Danwood Chirwa wabwebweta or walota pa fb? Milandu amapalamulayo ndi yosiyana ada Chirwa muvwengi umumpha! Let the police do their job without interference.
Danwood is a useless professor like Peter Mutharika. He is a dull educated man…..
Bvuto la Tonga akaphunzira u lawyer amawona ngati apamban a wina aliyense, chitsanzo ndi Raphael Kasambala , the guy thought that he is untouchable look now, where is he? And this so called Law expert Danwood Chirwa thinks that he can dictate Malawians, tell him to go to hell ( he can go and jump into Lake Malaw) at Chintheche Beach.
Danwood Chirwa is complaining about arresting, then re-arresting and re-arresting and re-arresting a suspect. Nowhere does he cite a section that supports his complaint; he simply mentions “laws and the Constitution”. It would appear that Danwood Chirwa is fine with people who offend, and re-offend and re-offend and re-offend simply because they believe that they are untouchable.
To show his complete ignorance of Malawi under DPP, he talks about MPS’s “past ineptitude”. How ignorant of the DPP can one be? During the run up to the 2020 FPE, DPP thugs assaulted Tonse Alliance monitors in Mulanje. The Police Chief in Mulanje said he would bring anyone responsible for political violence to book. The following morning he was transferred to Blantyre. Was this ineptitude? Sadly this is just one example among many. Being a professor of law does not mean that one should comment on everything. Norman Chisale, like many others in the APM administration, lived a life devoid of any self-restraint.
In a dictatorial state Chisale would not get any compensation for wrongful arrest. Danwood Chirwa can rest assured that if it turns out that Chisale has been wrongfully arrested or treated in these arrests, he will be appropriately compensated…sadly those he wronged will never be as lucky. Some of them are no longer in this world due to the actions of Chisale.
Dont worry my brother. He is a charlatan law professor. Forgive him. He was just theorizing!
Danwood otherwise you are Daniel Chirwa and you want to steal from the whites in South Africa,a country with sleeping dog. Even if Chirwa was in the Country the President would NOT have picked you him because his education background is in zero. Better keep QUIET there and deceive your whites. Professor wa peter muthalika umenewo go to hello.
Malawi needs another liberation
TRUE the Second Revolution will be Poor People going House to House Collecting what has been stollen from them since 1994….If RICH thieves Continue getting Away with Plunder ….Ndizomwe anthu akukambiranu mu ghettomu….
Keep speaking Prof Danwood Chirwa. People will thank you when their eyes are opened
Angakuwintseni milandu amenewo …Si chimodzimodzi a APM …ma theory Basi …Munthu osauka omangidwamangidwa timati Kabwerebwere ….Koma poti Mlonda wa a APM yu ndi Billionaire Basi ndizolakwika ….
MCP believes in the reign of terror and dictatorship. They believe in arresting and intimidating opposition political parties until they all run away and seek asylum in neighboring countries thereby making MCP the only existing party and rule for 30 years unopposed. This is how they defeated multipartyism in the 60s.
Take care Malawi, the terrorist party is in the house.
Unfortunately, young people who were born after 1990 know nothing about MCP. Nkhanza za MCP zomwe mwawona via HRDC and UTM zi mpang’ono chabe. MCP imapha mwakabisira…the nyau style. Enanu mukuyesa ili ndi bodza. Kodi Jumani alikuti?????
Kodi Nanu Inu Police ndiyimene Ikugwira Anthu …Munthu amgwire pa Ma Case omwe umboni Sunapezeke? Kapena achite kudikira kuti Milandu take yonse Ifufuzidwe asanagwidwe?
Bodza MCP ya a
Dausi
Ntaba
Bakili inalidi yankhanza zokuopha ndizoononga chikhalidwe cha a Malawi.
Pano ndi smaire campaign kufunabe udindo a Devil People’s Party.
Nepotism
Corruption
Regionalism
Poor educational curriculum
Family politics
Under Devil Peoples Party has turnished Malawi and Malawians
Let’s plunderers go to where they belong
Ndibodza limene, iwe uli ndizaka zingati? Nthawi imeneyo kunali chipani chimodzi, lero zipani ndizambiri, imeneyi timati Political propaganda ukunenayi. Suwina taa mpang’ono pomwe, peza zina zoremba..
Am not a Polofesa …Assuming I have a fight at a drinking joint ,people get injured and they report to Police.On my way home am involved in a hit and run …someone dies.Police pick me up on the Drinking Joint case ….am given bail …at this point they are not aware that I was involved in a hit and run …Will the police rearrest me ? And when I arrived home that night I beat up my wife and she decides to report to Police after am given bail on the Hit and Run.Meanwhile my Business Partners discover that I have Swindled billions? Olo za Mulungu You confess as you Sin …So the Answer is that it Depends on Whether the Police have all Your cases …It’s does not Require LAW to know this …Just logic…
THE TITLE OF MR CHIRWA DAWOOD WHATEVER he is also human full of error when it comes to opinion
NALIGULA you can make a better lawyer than this south african based layer am wit you
But if professors are what we are having or are from Malawi, then we need to ask ourselves if indeed Malawi can produce a real professor! We had a professor who was the President, now we have a Professor who is a Political activist, does it mean professors are all idiots like what we have in Malawi?
Danwood is just a foolish dog…who is he? being in south africa doesnt mean you are intelligent. you are just a fool. do you know the problems of us here? wachamba iwe
One thing I like this professor is that you speak your minds despite majority will think otherwise. I know many people will not buy it but there is sense in what you are talking, it’s only a matter of time people will understand
Its obvious to any discerning eye that Chisale much as he has cases to answer is being victimized and that deliberately by the Tonse government. Just confirming the bitterness of the Tonse guys. Actually these guys only proposition is not developing Malawi but smearing and finishing DPP. They want to reign supreme and ensure they are in power for ever again. Whatever excuse they have they will be arresting their opponents. Back to fear and terror. Hate it or Love it, this is a FACT.
Wrong! Its not Tonse Alliance victimizing Chisale. Chisale has victimized a lot of Malawians and has blood of victims in his hands. Its these victims that have comeback to haunt him. He himself is aware of this. Unfortunately the bible he is carrying will not save him. He already threw away the bible during his activities. Its a lesson for all to reflect on their evil activities. Chisale is Evil, the biggest Devil Malawians have seen in modern day.
Mr Knight, Can anyone tell me the new name of Norman Chisale? His new name is THE PRIME EVIL full stop
Am not a legal mind.The suspect committed the crimes separately and at different intervals as a a result the police are discharging their duties professionally to enable the courts examine these accusations according to their unique nature.Has the law professor not goofed on this arrest re- arrest and re-arrest??
The University of Cape Town is in trouble to employ such dull boy and they even call him Professor?
He does not know what is happening in Malawi as he ran away RSA for green pasture. This boy must be foolish and just wasting time with South African School.
This guy states no law supporting his augment base. Let him tell us which section of the constitution says the accused shd be left scot free. In DPP govenment only. According to Section chisale 201. Muwona Nyekwe
Kikkkkk @ mulopwana
Danwood chirwa is a dull professor of law,
Same as peter muthalika
Today, he has become dull because he faults your Govt. Chi MCP chinapha kale kale
Uchila ukamwa panado
Tonse mob justice with zealots in charge of the government that’s why you see these arbitrary arrests and the promotion of buleya lule as a martyr
Hmm. I often support this good prof. But here, i RESPECTFULLY disagree with him. He should stay in his lane! Our VERY good police should be left alone and shouldn’t be forced to be in any hurry at all. Bail can always be granted after the next elections.
The law should be followed,and truth should be told. if it was you despite of your so many ills how would you feel?
I think sometimes the professor comments just to remind us he exists. These are three different charges and the police are careful not to pack all the charges on one charge sheet rest they lose focus of the case.
He did not have remorse for malawians when he was commiting endless crimes he deserve to be treated that way , he committed so many crimes and all of them cannot be investigated at once
I think it should be about following the law and not how someone or a criminal feels.
No criminal feels good when caught and it does not matter whether they have been arrested once or twice it does not feel good for them.
The police should be left alone to do their job and I for one commends them for separating the charge sheet rather than putting every crime that this dude committed in one charge sheet because that is how criminals in the past have managed to get away with their crimes unpunished winning cases based on technicalities rather than substance.
Thus the reason to reflect before acting.
AKULU MWATANI KODI YINU.
SILIMAKUVETSANI CHISONI BANJA LA ISAAH NJAUJU.
CHINGAWENGATU CHIMAYENELA KUNKHA KUNDENDE.
Bwana chathengo… inu anapanga🙌
Mfundotu.
Dan quite please
Choyipa chitsata Mwini
Chili kwanzako, mawa chili kwa iwe
Tanthauzilani mawu anuwa ,tione ngati ali ndiphindu! Kikkkkkkkkk! Mumangova kuti kuli miyambi eti? Hahahahahahaha! Choipa chitsata mwini,, pamenepo mukunena Chisale,,, chili mkwa mzako,mawa chili kwa iwe,, munena ndani pamenepo? Danwood Chirwa? But why?
Easy Mr Danwood. Chisale was supposed to limit the crimes he was ‘entitled’ to commit.
This guy talks trash all the time. If your kin was murdered by Chisale, you wouldn’t be talking crap like that.
What is happening in Malawi is not very strange, mainly at a time when the cruel, undemocratic MCP is in power. Gone are the days when one could ill treat a fellow human being because you wield the government instruments and political power. That practice can not be condoned anywhere in the world. Surprisingly, the two people leading the country astray seem to have walked through corridors of excellence during their time in college, but vengeance and the smell of blood is in their system. Unfortunately, they have all the support from the few illiterate Malawians who feel all is lawful as long as it is not affecting them.
Everybody knows that it is alleged that Chisale misused his post by enriching himself through misappropriation of public money, but there has to be procedural means of going about all that in order for him to be proven punished. Well, the good thing is that the international community have representation in the country who are able to see and read for themselves all that savagely malpractices. At an appropriate time they will mete out proper advice and/or punishment to the cruelty being perpetrated. Malawi can not stand alone in anything, they will need support from the other countries. It is so unfortunate that things are happening like this and all those who are supposed to check these atrocities seem not to care at all.
Cruel response, try to steal yourself and see what would follow next.
I totally agree with you on this issue.
Chakwera &chilima want to rule this country with iron fist which is not good in democratic world.
Does democracy mean stealing and killing Innocent souls???????
No!No! No! How many Malawians has Chisale ill-treated????? Its not MCP nor The president and his Vice. Let the Law take its course and be a law abiding citizen. Nobody who has not broken the Law will be arrested!!!!! Why sympathize with Criminals???? Let him prove that he is not a criminal that has been terrorizing Malawians.
Who told you he became immune after the first arrest? He has so many cases to answer and the cases are not originating from one police station. Have you not heard kuti lkawomba wotheratu?
I wouldn’t be too quick to fault the police because we simply do not know where they were with each investigation. Bear in mind there are multiple investigations they are processing, and honestly they don’t want the people they are pursuing to overtake them.
Chisale it appears, led a very loud life, hence even his arrests have been unusual. Assuming he had a hand in Issa Njaunji’s murder, then in the back of his mind he must have known that his freedom may be taken at any time.
Bad situation to be in, but also serves as a reminder to respect the law, and respect other people.
Kodi akuluwa law yawo adaphunzira kuti? U professor ngati wa Mutharikatu uwu!
Zimenezo ku Sasafrika konko! Asiyeni apolisi athu agwire ntchito monyadira.
Bowing down to pressure from the public to arrest suspects rather than adhering to law brings us in the territory of notoriously inadequate law. Detention without charge is unacceptable and amounts to false imprisonment. It is a fundamental law principle that when a police officer who is making inquiries of any suspect about an offence has enough evidence to execute a charge against that person for the offence.
The rationale underpinning is that an arrested person should have the liberty restored to him/her if the police are unable to gather sufficient evidence to sustain the person being charged with an offence.
To frame the matter in rather more grandiloquent constitutional terms; a person’s physical liberty is sufficiently important moral value that it may not be abrogated for more than maximum number of hours permitted by law. A person should not be kept in detention on the basis merely of police suspicion that the person has committed a serious criminal offence.
It will be equally fair to arrest and re arrest Chilima’s body guard who discharged a firearm and wounded member/members of the public in Machinga. There was no warning shots to unarmed members of the public before he fired live ammunitions. One law for everyone.
Why are the police sweeping under the carpet the barbaric murder of their fellow police officer at Msundwe!!
I dont see anything wrong if he killed someone he needs to answer very cruel individual heartless he will serve life in prison if convicted family of thugs
Poor thinking and reasoning. Chisale has been charged accordingly on all the Three (3) arrests. There is no detention without charge here!!!!
‘The idea of arresting and re-arresting, re-arresting ……….happens only in a failed state or dictatorial regimes’…get the last part of it. this regime is dictatorial. Fisi ndi fisi khalidwe lakale la MCP.
Stealing/plundering taxes and Killings continuously, only happen in failed states. Malawi was a failed state under Peter Muthalika.
Sometimes Danwood Chirwa entertains me, I thought he would say which law is being broken here. How many times did Chisale break the law bwana Chirwa? By the way, how many times does the law allow him to break it? What about if some of the issues are being found while he is still arrested? Should the Police say, no, we have already arrested him so he should not answer this new crime?
Does the Law expert think the police should have waited till they have all the charges on him then arrest it was either the courts should have granted bail or not considering on all the charges? Im not a law expert but I thought the Police were doing a great job.
Easy is to judge someone’s mistake Mr Chirwa, do you mean you are wiser than all those in Malawian law enforcement agency?
So, this man so called Danwood has just blamed actions of the law enforcers without putting forward a better way dealing with such a matter….
Keep your opinions to your self. You want sit in RSA and talk nonsense without knowing the truth on the ground as if you are an ignorant. This norman is a thug and a looter. We all know what crimes he has committed even then you give your baseless comments. Give yourself a break and let police and law do its work.
ROT 🚮
Well done Prof. Danwood Chirwa. You are the only lawyer who stands for the truth. There is no other lawyer or judge who can match your expertise and honesty. If we had people like you in Malawi, our country would be better.
U piss of junk talking same language as ur stupid so called law expert. Go put your self on donkey. Senseless moron.
Exactly Prof Danwood is an extraordinary law expert he explains without favour and hit the points.On Chisale Malawi can do better than the mess we are seeing.
Professor of Law Danwood Chirwa, Chisale committed three different crimes in three different places at three different times. For all we know other charges may still be levelled against him if other crimes purportedly committed by Chisale are discovered. He will still be taken to court from remand prison to answer the charges that may be unfolding.
I ain’t no lawyer, but commonsense tells me this is how things go.
KOdi inunso mungosokosa kumene muliko.Bear in mind you do not belong to our team of highly proffesional lawyers now known world wide.Come here and argue your case here