Namiwa’s bail bid in limbo: judge takes time over K2m demand

A Malawian High Court judge has reserved judgement on a bail application brought by prominent civil rights campaigner Sylvester Namiwa, who remains behind bars facing treason charges and accusations of publishing false news likely to spark public alarm.

Judge Mzondi Mvula heard the closed-door bail hearing today — but the activist himself was nowhere to be seen, with the session held as a chambers matter that did not require his presence.

Namiwa, executive director of the Centre for Democracy and Economic Development Initiatives, was hit with the charges following comments that landed him in State custody.

His lawyer, Gift Mwenye, urged the court to release his client on bail — revealing that prosecutors were not fighting the application.

But there was a catch.

The State wants strict conditions attached, including a hefty K2 million bail bond, two non-cash sureties worth K3 million each, the surrender of Namiwa’s travel documents, fortnightly police reporting every Friday — and a ban on him giving interviews of the kind that triggered his arrest in the first place.

Mwenye said his client was happy to comply with every condition — bar one.

The defence branded the K2 million bond “excessive,” insisting Namiwa simply can’t afford it.

“Namiwa is a person on low income. In all his human rights work he doesn’t have an income and he does that voluntarily,” Mwenye told the court, pleading for the figure to be slashed.

State lawyer Tapiwa Msimuko confirmed prosecutors had wrapped up their investigation and had no objection to bail being granted — but pushed back on any softening of the conditions, urging the judge to leave them untouched.

“It’s our prayer that the court considers the conditions as they are and also exercise its discretion,” she said.

A second defence lawyer, Innocent Ziba, doubled down on the fight over the bond, branding it disproportionate and demanding it be slashed all the way down to K500,000.

“Bail conditions given to the accused should not be unreasonable,” Ziba argued.

Judge Mvula stressed that bail decisions ultimately rest with the court’s discretion — and admitted he hadn’t yet had the chance to fully digest both sides’ arguments.

He adjourned the case, telling both legal teams they would be notified once he’s ready to deliver his ruling.