Malawi court convicts man for Mutharika insult

September 11, 2015 Nyasa Times Reporter 108 Comments

The Balaka First Grade Magistrate Court in eastern Malawi has ordered a 60-year-old man to pay a fine of K3, 000 or in default serve three months imprisonment with hard labour for insulting President Peter Muthatika and denigrating him.

Malaiw leader: No-one can insult President Peter Mutharika
Malaiw leader: No-one can insult President Peter Mutharika

Police Prosecutor Constable Christopher Nyirongo told the court that the suspect Alinafe Paul, committed an offence on August 31 at Kanyumbaka village in the district.

“The suspect was coming from the garden when he found a grader grading the earth road past his village.

“The suspect then started accusing the President of why he thought of grading the earth road during the dry season which was making a lot of dust.

“He ended up calling the President all thoughts of names a development that annoyed Democratic Progressive Party (DPP) sympathizers who reported the matter to police,” said Nyirongo.

The suspect pleaded guilty to the charge of conduct likely to cause a breach of peace which is contrary to section 181 of the Penal code.

In his submission before sentence, Constable Nyirongo said the State President needs to be respected by everyone because he is a leader of the country regardless of one’s political affiliation.

He therefore asked the court to consider giving the suspect a stiffer sentence so that it should be a lesson to would-be offenders.

In mitigation, the suspect pleaded for forgiveness saying that he insulted the President thinking that things are just the same as it was during the campaign period when the President could be insulted anyhow.

He therefore apologized to all those he offended.

Passing judgment, First Grade Magistrate Felix Mandala said it was surprising that at his age, the suspect could insult the State President.

He said he has given him such a sentence considering that he pleaded guilty and showed remorse.

The convict has since paid the fine.

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108 replies on “Malawi court convicts man for Mutharika insult”

  5. kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk

  9. A peter nthawi yakamuzu inatha bwanji tiyambe kukubwenzerani nafe kudya bwinoko ndivoti yamunthuyo mwayamba misala zedi

  10. ‘Sticks and stones will break my bones, but names will never hurt me’. The Malawi needs to grow up. Prosecuting a citizen for calling the President names is nonsense. A President has to earn the respect of the people he serves, it cannot be enforced by law. The law needs to be changed.

  11. Respect our President,after all gravelling the roads is development, Do you hate somebody developing our nation? A Malawi khalani ndi mtima woyamika, Zikomo.

  12. Ndiye kuti kunyozaku kumangowonekera kwa osaukafe eti?
    Nanga aja amamutchula president mayina achipongwe azamangidwa liti?
    Ndiye poti osaukafe tilipo ambili ndiye atopa nkutimangatu.
    Oweluzayonso ndi mbuzi yamunthu, Nanga tinene kuti APM ndiyemwe walamula kuti amangidwe?

  14. This is bullshit. Does Mutharika, his cabinet and MPs realize that they are employees for Malawians who voted them into those positions? This is nothing but abuse of power. This man as the employer of Mutharika had the right to complain or even fire Mutharika. In this case, Mutharika is insulting his employer ndiye poti a Malawi tulo, munthu mwamulemba ntchito mmalo moti akuopeni inu mukumuopa. Tionetsana 2019. Sipatali che Pitala mubwerera ku USA.

  15. The law is the law, when enforced objectively and properly, it prevails. The DPP supporter behaved with respect to both the law and to humanity by reporting to law enforcement unlike the political thugs who always spoil for a fight, wounding and maiming person of different political persuasion. Law enforcement did well by preferring an objective charge. The flaw is that the accused persons had no legal representation and apparently not even any advice. Was he convicted on his own plea or was the case tried? Who has the ultimate responsibility for potential incitement of breach of the peace by unreasonable response from others to free speech? Yet the court must in a progressive socialism consider the context of the society. Bludgeoning of persons of different political persuasion is an ugly reality in Malawian society. The so called “young democrats”, “cadets”, or “youth leaguers” are sometimes blind servant of their masters and punish all behaviour judged by them as sinister or unwarranted against their masters. The old accused man was lucky that the complainant was civil about a reaction. He could have suffered criminal reaction like a beating, maiming or worse. This is to be highlighted and is a core factor in inculcating peace and civil reaction to such events in that particular community and possibly other communities. Freedom of speech is a tenacious argument in these contexts, but needs to be inculcated in the society as well. People should fell free to express themselves, but they must responsibly do so. Here the court may have agreed with the accused person’s self incriminating plea of “guilty” and avoided the task of examining whether the redline of responsibility was crossed by the accused in exercising his right to freedom of speech. Courts are cautious at time but are also jumping to the wide open gates sometimes, when they have the discretion as was in this case. The plea of “guilty” opened wide the gate for conviction of the accused, even without adequate trial of the case. Now for a moment, let us assume the man argued it was his right to exercise freedom of speech. Did he cross the redline of responsibility in his conduct? He is 60. He has seen it all, the uneasy relations and interactions between political parties since the advent of multi-partyism. He was unreasonable to continue complaining as he did about a government service of grading of roads which many parts of the country are not even getting. There was lack of responsibility. His expressed abhorrence against a necessary service would lead to grievance among supporters of the governing person who was being personally attacked for his government’s providing a required service. A physical reaction though preposterous was being brewed by the accused person’s continued utterances. The court was pronto is taking the course of the wide open gate to convicting the accused person. Now on the sentencing. A community service sentence where the accused would stop the dust when the grader was working through his community was the most fitting sentence.

  16. Okamuneneza nzake ku police yo wapindulapo chani? Peter ndi ambuyache? Usilu basi, iye Peter akudya ndalama zathu ku state house inu mukumalimbana ndikukamuneneza nzako ku Police. Iwenso wa police, umatengera nkhaniyi mpaka ku court ukuona ngati akupanga promote ndi JCE yakoyo?

  17. It is simply law being enforced. Changes will not be via APM bur Parliament. So seems like we are an ignorant lot out here including the writers slant

  18. Okomenta ambirinso ndie ndinu zindeledi. Tili mu democracy yes koma amati muzingotukwana paliponse? The president is a human being. He deserve to be respected just like yourself. Munamuona president akuendetsa chi grader kumapala nseu? Umbuli basi. Zinazi osamaziyamba dala., nanga supporter wa dpp yo akanangoganiza zongotenga chikwanje nkukhapa wotukwanayo mukanamati cha?

  19. So zachilendo, munthu opusa kumuuza kuti ndiwe chitsilu amakwiya koopsya. The man simply summarized true description ya Peter. A court stop suppressing the voice of truth, mufuna olephera azitchedwa okutha?

  20. Koma mwamuonelera gogo ameneyo! Pali nkhani apa? Mwasowa nkhani eti? Mukufuna ife tileke kudzudzula President akamapanga zopusa?? Mankhwala mzipatala akusowa, forex ikusowa ndiye tisanene kuti President wafoila? Clueless leadership!!

  22. Koma ndiye zikuvutani mwamva?Ngati zinthu zisakuyenda tiyamikirebe.Kauzaneni kuti zinthu sizikusuntha.Munthu amene uja mwamnjatayu mwangoyambapo chabe.Mutopa nkunjata wanthu inu akapokola osamva inu.Mipuno yanu.

  24. nde simunati…mutimanga ambiri coz dzikoli palibe chikuchitika….chiloweleni m’boma magetsi anazima kalekale…madzi nde tikumwa a mu zithaphwi…mzipatala mankhwala mulibe… ana atsikana mde ndi awo akupatsidwa mimba ndi aziphunzitsi awo….palibe icho chioneka yapa…..bwampini pitani muzikalima nthochi

  28. There are a lot of important people in this country and elsewhere who are insulted for no apparent reason and yet the culprits go Scot free. But this stupid first citizen is really foolish in every aspect and you end up arresting someone who was simply telling the truth. Malawi will remain backward sure.

  30. BWANA NDI BWANA,THATS IT.WHAT DOES THE BIBLE SAY? HONOUR YOUR…….KUTUKWANA NDI HUMAN RIGHT ABUSE AMALAWI & SO WITH NNYOZO.THE ONE IN POWER DESERVES RESPECT & THAT’S WHAT ADVOCATES DEMOCRACY.YAAAAH

  31. But all i know is that in any democratic society if a president feels offended is the one who files a defamation case not a third party. If these laws of tyrany are still in use then i dont knw what constitutional reviewers were doing if they didnt scrap it off in the first place and the judge who presided this case is naive he doesnt understabd democracy because those who went ti court to open a case on behakf of the president have no juristiction to do so.

  33. A malawi nzachikale zomanga munthu kamba konyoza president mudakali mu mdima tayendani muphunzireko judges muli ndi ntchito yoweluza cash gate osati kumanga anthu osakakwa just bcz o of pamwamba where is freedom of expression shame on u police and judges means u don’t accept that the world have changed tinadutsa mmenemo nthawi yakamuzu if u respect God the way you do with these earthly famous pple obvious u gonna see the kingdom of God wake up malawi things completely changed

  36. Dr Mbewe

    Its pity for Malawians . They only know how to despise their president. I have been in Zimbabwe, RSA, and Zambia , even Kenya , you will never hear these people talking evil of their president. God should forgive us, no wonder we are like that.

  37. i insult the president everyday. He is such an annoying fellow. I dont blame this 60 year old. Im happy that he was only fine K3000 which has has paid. How can u respect a man who is bringing only misery to ur life? How can u respct a man who steals our taxes and shields his cronnies from prosecuting. To hell mutarika. I insult u and i support the man who insluted u. U deserve every insult

  38. Am creating an online blog to raise funds for the man who was wrongly convicted by the incompetent court. The blog will be up soon, it is there just to raise funds for this true and noble Malawian who stood for the truth.

  42. The poor in Malawi are on the receiving end in as far as justice is concerned. Many well to do people with access to the internet have called the President all sorts of names but nothing has happened to them…..and here comes this poor village guy who gets fined for doing exactly the same thing but is netted hahahaha…it’s really a crime to be poor in this country!

  43. To all who think this man didn’t deserve this punishment should give this man k3000 to show support. Tiyeni ndiyamba ndine.

  45. Redeemed: “…even bible says we should honour people in authority…” That is true koma wanthu wake sakunena wanthu akuba komanso a chitsiru ngati bambo Bwampini.

  47. Ngati anthu amatukwana Obama, Pitala Mathanyula nkachani. Milandu yonseyi kusankha wopusa ngati umenewu. Nanunso amakhoti muziwona milandu yomaweluza. Umenewu umafunika Ngolongoliwa ndi nduna zake aweluze komansi=o palibe nkhani ai. You remind me of the arrest of securior guards in Bingus time of the same petty issues. Mukamakanikoa kulamulira dziko mungofufuza tizifukwa tosakwanila to mamanga nato anthu.

  48. Its a disgrace to the judge and to police prosecutor. This must stop. If the president is stupud is stupid, full stop.

  51. kkkkkkk komaso ndiye amangidwa ambiritu bcoz ameneyi ndiye atukwanidwa sanati! mangani ndende zanbiri basi asaaaaaa

  54. Kulephera kumanga anthu a cashgate kumamanga anthu otukwana mbuli ya president. Za ziii! I thought there’s freedom of speech in Malawi?

  55. Palibe chifukwa chomangira munthu apa. In any case we are all equal in the eyes of the Creator. Palibe zoti uyu president uyu munthu wamba, uyu minister uyu kapopa ngolo. We are all destined to the grave, the rich and the poor alike, just like our ancestors and fore bearers before us. This is well chronicled in the Psalms. We will all face judgement day. Mtayeni ameneyu. Anthu ambiri akutukwanidwa and nobody gets arrested for it

  56. This is bull crap. Instead of making progress with our young democracy, we are quickly sliding back into dark ages of dictatorship where our leaders want to be worshiped like small gods. This organised madness MUST STOP NOW!
    If Peter Mutharika is real presidential material he should not allow this stupidity to continue. He should know that being a president is no easy thing. He will be bombarded with misiles of fair and unfair critisisms from wise men, fools and mad men. But he has to move on as a president. Insults, whether justified or not, are the perils of his job.

  59. Malawians are very strange people. I do not if it is lack of education or what.

    A court can not hear a case unless there is a breach of a law. So don’t blame the police or the judge blame your MPs for not realising there is law that prohibits insulting a president.

    President is not necessarily the person, it is the office.

    Do you idiots think people who called Muluzi your excellency,Bingu Excellency,Joyce Excellency did so because these people were personally excellencies?

    The excellency is the office. What dunderheads.

    Why do you complain about security in the country if you do not want people who are in breach to be punished?

    You can not have your cake and eat it.

    Anthu opanda nzelu amalawi.

  64. Mumuwuze Mathanyura wanuyo kuti zomanga wanthu for expressing their opinions sizimuthandiza. Tsono akwanitsa kutimanga tonsefe, poti tilipo over 70% of Malawian voters who are against him and will nyoza him till his dying day. Chitsiru Mutharika. Gwape wokalamba.

  65. Even the holly Bible teaches us to honour those in authority. The point at which most Malawians have reached is a worrying factor. We do not respect. Only those we like. At times I feel that the Kamuzu era was far better because his dictator ship was instilling discipline to many. Frankly Malawians are abusing their Democratic rights by loosing their morals. Look at some of the comments here, they live much to be desired and yet you wonder why you are failing to succeed in life. You are masters of your own fate.

  67. Abale anzanga,

    Zina kambu zina leku, there is no justification what so ever to be insulting your own leader publicly. Do so inside your rooms or in your hearts if the leadership offends you.

    Remember it is a sin to insult your leaders because we are encouraged to respect and obey them.

  68. Makomenti anu ndi atsilu mulandu agamula molingana ndi mndi mmene munthuyo wapalamulira president akupanga zomwe analonjeza ndiye akutukwanidwe anthu ndinu osayamika

  69. But this guy had a point. You grade a dusty road in September or October, there is a huge build up of dust and the roads are easily washed up in the rain. Better in April or May. And you say insulting the president! How many people has the bunch of hand clappers and those bootlicking APM insulted? Remember that respected is earned and APM style of leadership does not attract respect but rather INSULTS. How many people are you going to arrested for this is a daily thing and not strange anymore!

  70. Zofuna zimenezo kutukwana munthu aliyense ndichinthu chosathandiza so why insulting the leaders. In a democratic society it will never be possible to have a leader who will be elected by all impossible so if the leader is not of one’s choice then just live with it. But for an elderly man of 60 yrs of age then you start calling insults to someone what will your kids do????????

  73. Munthuyo yanalakwe, amanena zowona. Yimeneyo ndiye timati Freedom of Speech! Umenewo ndiye timati u dictator. Ndizowonadi Pitala ndi kape, chidepente, chitserekwete, gonthi mkhutu, chitsiru, chinabera mavoti ndipo ndichakuba. Wakwiya, galu amulume. Ngati a DPP akwiya, abwere andimange ine, akhoza kundipeza pa Old Town, pama Robots kuno ku Lilongwe!

  75. What kind of judges do we have in this country? This is abuse of court authority based on archaic law. The president is a public servant by his own choice. People should not be convicted for questioning the president. JB was openly verbally abused including by politicians, nothing like this was done. In the US, one presidential candidate repeatedly calls the current government “stupid”, nothing like this is happening. Why are the courts grooming dictators?

  78. He is just calling a spade by it’s name. Civil rights organizations must defend this poor guy since it was his personal opinion ( that to him the president is stupid) and honestly everybody feels the same way and I hope you have enough dpp cops to arrest the whole country.

  80. Apa nde amuchita bwino inde pa zina akulakwitsa presidentyu koma nanga amati mumutukwane nanga a dpp wo anakati amutukwane kulu ameneyu ndi zibakera bwezi alipo

  82. Palibe nkhani apa.Leaders are prone to criticism on daily basis.Malawi has real issues to tackle of the cashgate people than these balaka man insulting somebody who lives far away at the state house.Just release him.How many do they insult him in drinking places and in minibuses?You will end up arresting the whole country because Dpp has become unpopular this time with its useless vision.

  86. Mmmmmhuuu! Insulting The President For Grading the Earth Road? Democracy Yake Ya Umbulitu! Nanunso Okomenta Munapitako Ku Church?

  89. Like seriously? the guy had a poiny. It was about common sense not political affiliations! You are just using your power to tramp on the weak!

  91. Shameful to the judge how many times kaliati insulted people of this country U should have known better before handling over ur judgement stupid judge

  92. it seems that malawi now go back to the bottom were the country was in hands of white people, is this democracy?or you have got your own system of this Government?

  93. Koma abale bwanji osawamanga anthu ngati kaliyati mmene amanyozela atsogoleli a zipani zina . Amanyoza dziko lonse likunva mathanyula nkumanva. Mathanyula Broardcasting Corperation (MBC) nkumalengeza mwatani kodi? Chilungamo chanji chotele?

  96. funny that. barack gets called nigger, ape, stupid, monkey, coon, idiot every single day…
    dude just laughs it off and gets back to work.

  97. Govt kusodza chuma choyendetsera dziko. Kma ku malawikooooo. K3,000 imenei niyowodzera kugulira mankhwala ni kulipirira aphunzitsi-kkkkkkkkiestttttttt

  99. Shaaaa koma kkkkkk mamamama a resting a voter mayo mayooo chipani chija that is a loosing formula mukanangotaya iiiiiii DPP ipakidya matope koma anthu simunankhime pandale eti,ask Muluzi anangophonya kunena kuti ndilibe golosale HE paid heavenly UDF kutha ngati makatani ,ineyo ndikanakhala political adviser wa Balaka ndikanawauza apolice mtayeni,remember Balaka has only one seat for DPP Hons Mapondo take care

  103. Hahaha. …this stupid policeman deserves to he fired. I thought we are on a democracy and that was his right to express whatever he was saying. If this law isn’t selective that the likes of Kaliati need to be arrested for defamation to opposition members.
    Just recently Trump called USA leaders very stupid people and the democratic Party didn’t even bother to respond because they know it’s his democratic right …Malawians let’s refrain from politics of patronage

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