Ombudsman hits back at Minister after challenging MHRC Msundwe report
Ombudsman Martha Chizuma has hit back at Minister of Information, Civic Education and Communications Technology Mark Botomani, who is also government spokesperson, claims that Malawi Human Rights Commission (MHRC) report on rape incidents allegedly committed by police officers around Msundwe area in Lilongwe can be challenged.
Botomani said MHRC does not have commissioners and Ombudsman Martha Chizuma and the Law Commissioner Rosemary Kanyuka, who conducted the investigation and released the report in Lilongwe last Wednesday, were only acting as MHRC advisers and not commissioners.
However. Ombudsman said she was “not sure which Constitution the minister is reading where it refers to [me] and the Law Commissioner as advisers of MHRC”.
In quotes reported by The Nation newspaper, Chizuma said: “What I know is that by Section 130 of the Constitution currently in use in Malawi, the Law Commissioner and myself are commissioners of MHRC. I know a few people have raised this issue before but my view based on the reading of the Constitution is that by making the Law Commissioner and Ombudsman as commissioners, the law never envisaged complete lacunae in the commission, considering that human rights violations never wait for full commission.”
The Ombudsman further said it was her view that all interventions they were making are covered under Section 42 of the Interpretation Act.
“Let me add here that I do not, in anyway, mean that full commission is not required. We need full commission because myself and Law Commissioner can only do so much.
“At the moment, there is so much that needs to be done at MHRC requiring full commission whose appointment awaits Executive action.But until then as commissioners, we cannot keep quiet on these serious human rights issues that keep on coming up in this country,” she said.
In their report, Chizuma and Kanyuka said they established that police officers raped 13 women, defiled one girl and sexually assaulted three under-18 girls during their October 8 2019 operation around the area.
The report says the police officers committed the incidents as the women fled violent scenes
MHRC recommends that acting Inspector General of Police Duncan Mwapasa should institute criminal investigations into the matter, targeting police officers deployed at Mpingu and M’bwatalika whose teams were led by Superintendent Kantchowa, Msukwa and Inspector Chipofya.
The commission also recommends that there should be reconciliation between police and the people of Msundwe, Kadziyo, M’bwatalika and Mpingu areas.
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MARK BOTOMANI KUDA NGATI MPHIKA OKAZINGILA MACHEMDE A MBEWA.
Do not play with human rights reports.Msundwe case is crimes against humanity surely police officers involved will be prosecuted.This can even be prosecuted at Hague.Remember DRC case where a general was sentenced to 20 years for rape and murder the same case as the Msundwe.The charges are placed on senior officers.Its up to them to find the culprits otherwise they will face the charges themselves.wait and see.
Rest in power Usamani Imedi, I can imagine how you felt when the fist stone hit you, how powerless you felt when you understood that your life would live you that day. I can’t imagine how you felt about how your relatives would hear about your passing. I wish you were as important as the Chewas
Nobody is suggesting that the killing of mr imedi was not a criminal offence …..the problem here is that the DPP cadet police force used the killing of mr imedi as an excuse to rape the msundwe women.
And as result instead of us talking about the killing of an innocent police officer we are now talking about the rape issue becoz this is not only a human rights violation Issue but also a police brutality and mob justice issue.
It is the same police that preaches to all Malawians not to do mob justice to criminals becoz everyone is considered innocent until proven guilty in a court of law. We currently have many ordinary Malawians in prison because of being involved in mob justice, so why should the police be above the law after raping those women …
And what evidence did the police have against those women they raped that they were part of the mob that killed mr imedi? And which law in Malawi says that if a woman is involved in the killing of a police officer they should be raped as a punishment?
It is obvious that our police force is untrained and lacks investigative skills and therefore always resort to torture to extract information from witnesses…….this is why lots of innocent people get killed in police custody and this has to stop.
Can we also investigate the death of this human being in the same vain? Can we have the same outrage or the “cadet Imedi deserved it” Imedi had it coming right? So cadets should be butchered? Where is the outrage for his death? Let’s say it’s time to kill all the cadets, did we have evidence for this noble act of killing the suspected cadet, was he indeed the cockroach kadet that needed extermination?
The police investigated and arrested people who were involved in the killing of the late officer. They actually arrested and tortured many innocent people, but not a single policeman has even been questioned over the gangraping of innocent schoolgirls.
No policeman, whether Muslim or Christian is above the law nor has more rights than any other Malawian. Get it through your thick skulls.
My friejd, there is a 99.99 percent likelihood these so called victims were paid so that the nation’s focus will be on the alleged rape and not the cold blooded murder of a police officer. If people can be so heartless as to kill a fellow human being lying will be a walk in the park for them.
Imedi died on the line of duty so and he signed to the law whereby this issue is about crime against humanity.Learn and understand the laws please
You are clearly dull.
This mentality of doing things inorder to be in good books with those in leadership is killing Malawi.
The women were raped, impregnated as well as infected with sti may be HIV too.
And a Minister , who is supposed to be there working for people is fighting hard to save his job, no morals. Just because these women are poor and cannot afford to take you and the police to court , you can come out and start vomiting foul smelling rubbish.
If your Mother, daughters, sisters went through the same, will you vomit that rubbish?
We have women Lawyers in this Country, Please help. Even men lawyers can support them.
You were appointed for that sit and you should know that you can be removed.
This present government needs to go. Malawi needs to be cleaned. Spring cleaning cannot work with DPP formed govt.
Malawi is rotten, corrupt, govt infested with selfish thieves saving their chief thief master not the people.
Enough.😫😣
Zoona Mulungu akuona zonsezi ndipo nthawi yatsala pang’ono kuti aliyense anapanga rape ana, atsikana ndi azimayi osaukawa mudzina lobwezera imfa ya Sumani Imedi kuti alandile zilango zawo. Sikale nfikubwerezanso, ndiposachedwapa awona mkono wa Chauta ukuwakantha mmodzimmodzi. Mulungu akutero. Habbakuk, Habbakuk, Habbakuk.Alape ndithu ndipo asabisale kuyesa kuti a chenjera. Anaputa mkwiyo was Chauta. Zomvetsa chisoni. Mulingo…….
Let Ombudsman office do their Work and we Begg this office not tolerate any Stupid idea or stupid point from who ever minister is. Mr Mike Botomani deal with problems which you have in your Department stop fit yourself other peoples offices. Remember your officer has problem if not paying people go and deal with that problem .
Another useless minister defending police rape. Is this really a government?
I wonder the same thing. It’s very unfortunate to have such a comment coming from a cabinet minister which by implication coming from government. I simply don’t understand the way this government handles state matters. It behaves like an NGO
Mack Bottom man another Dick sucker’s of this bushirt government he is just barking everything with out any proper knowledge of it stupids idiot Fool
Kuchita ndale ndi miyoyo ya anthu !!! Ndiye ndi Bakili regime mwasiyana pati ? and more especially with the law guru at the helm My foot. By now we should have seen the benefits of having a law proffessor at the helm …
CADET Minister, what can he say?
Brother Botomani, the writing is on the wall: you have lost sanity and spiritually you are now drained. Be very careful rest you will used and dumped. If you think this is a joke, ask Sajeni Songazaudzu
Always remember that Mutharika is a dormant man. He will simply keep quiet on this issue and hope it gets forgotten
How i wish we had more of the Martha Chadzumas in key Government positions.Unlike many DPP cadets like Acting IG Mwapasa, this lady is a true professional, objective and can stand on her professional feet.The issue here is about serious human rights violations at Nsundwe by men in Police Uniforms, the whole World is roughing at Malawi and here comes a whole Minister talking shit and only shit.Who appoints Commissioners?If the president is failing to appoint MHRC Commissioners because of his advanced age, let him retire at over 80 years old, he is a tired man, Chakwera can do a good job on these small tasks.
Mr Maliko Botomani, you are indeed a true DPP cadet and an embarrassment to our nation as a govt spokesperson.
Instead of being concerned with the serious allegations made in the MHRC report and help to push the criminal justice system to do something about it, you are hell bent on finding excuses to discredit the report….on baseless technicalities.
Whose interests are you trying to serve or protect, those of your employers the ordinary Malawians or those of the DPP Muhlakho wa a lomwe ruling elite?
The fact that APM in his capacity as the commander in chief together with the First Lady have not condemned or commented on this issue, that in itself is proof to the international community that this govt is happy with what the police did in msundwe and that the govt will do everything to protect the police on these allegations.
This is why the police investigation in this matter is not getting anywhere, the government has done nothing to help the victims or to suspend the police officers who were operating in the areas in question on that horrible day.
But make no mistake mr maliko botomani, no matter how long it takes someone some day will be held accountable for this rape atrocity and all other atrocities that DPP politicians are committing with impunity whether thru DPP cadets masquerading like police officers or otherwise ….mark my words
Botomani is very stupid. Why did he even feel the need to comment on this?
Sely Minster he ashamed us also here at SABC television
Stupid minister with no moral values reminiscent of DPP cadres. Your end is nearing and God is liberating the country from the yoke of hell …
There is too much barbarism under the reign of DPP and someone will have to answer endless questions. I am afraid time is not on your side.
Rape is associated with savagery act and women deserve a man’s respect. Having a regime that condones acts of violence against women is treacherous and unacceptable in modern times. Botoman represents a system that blackmails its own citizens and is a mouthpiece of danger and misinformation by the executive. He doesn’t give inspiring information but is delusional when reacting to concerns by the citizens. Fuck you Botoman !!
Please dont provock situations here. Botoman is not a Lawyer, I believe, while Martha Chizuma is a Lawyer and is clarifying at where the Minister has erred in understanding not hitting back.
This stupid police must face the law no matter what.
Martha please take note that the women you interviewed were given some cash by some opposition people to implicate the Malawi police officers who were sent to stabilize the hostile situation. You were going to nsundwe with pre-convinced opinion. Why did you not investigate the death of the police officer? You seem to be biased. No police officer committed rape and hence no need for police chief to act on your biased and unfounded stories
Apandiye ndakhulupilira kuti nkhani ya rape kwansundwe ndi ya fake. Why hidding under the body which has no commissioners. Do the two of you form a quorum to release such a sensitive document to the public? Mwapangatu ngati sinu maloya. Ngati ndinu amodzi amene mudatuma anthu akwansundwe tsiku limene adapha wapolisi Sumana ndiwani kuti simupeza mtendere pamalawi pano. Muyesa mapropaganda anu koma sagwira. ZIKOMO.
The minister is right. The Ombudsman and the Law Commissioner combined do not form MHRC on their own. But that is typical of people in power in Malawi, they assume extra powers. Why couldn’t the Ombudsman investigate individual cases within her mandate as an ombudsman? May be this would have been less newsworthy?! Or is she just a Youth Leaguer?
In addition it is also worth remembering that the police initially went to Msundwe to restore older whereby the rights of mainly motorists were being violated.
Thumbs up Ombudsman.Your report is loud and clear
Botoman is increasingly becoming arrogant, but be careful and study your colleagues and if you are wise you would learn the significance of putting Malawians first.
Mark Botomani munapita School iti kapena titi which advisors are you listening to who are misleading you? Kuda ngati pansi pa mphika kufupika ngati mchimba omaliza kutuluka
ENOUGH IS ENOUGH ( THESE POLICE CADETS ) WILL SUFFER AT MIKUYU PERIOD —-IT’S A MATTER OF TIME —
Botomani ofuneka kutibula pang’ono Stupid Minister
Ms. Chizuma, you must either be very stupid or towing a political line. One does not reconcile with criminals, you wipe them out. The Nsundwe murderers need to be eliminated with extreme prejudice.
Nobody is suggesting that the killing of mr imedi was not a criminal offence …..the problem here is that the DPP cadet police force used the killing of mr imedi as an excuse to rape the msundwe women.
And as result instead of us talking about the killing of an innocent police officer we are now talking about the rape issue becoz this is not only a human rights violation Issue but also a police brutality and mob justice issue.
It is the same police that preaches to all Malawians not to do mob justice to criminals becoz everyone is considered innocent until proven guilty in a court of law. We currently have many ordinary Malawians in prison because of being involved in mob justice, so why should the police be above the law after raping those women …
And what evidence did the police have against those women they raped that they were part of the mob that killed mr imedi? And which law in Malawi says that if a woman is involved in the killing of a police officer they should be raped as a punishment?
It is obvious that our police force is untrained and lacks investigative skills and therefore always resort to torture to extract information from witnesses…….this is why lots of innocent people get killed in police custody and it has to stop.
Mbonga don’t waste time arguing with this idiot. He knows what the police did wrong. But he’s so full of malice that he can’t reason properly
Can somebody please wake up madam Mary Dominica Kachale the Director of Public Prosecutions. She has become another Reyneck Matemba type of sorts. We had high hopes when you, madam DPP, took that position that you would advance the pursuit of justice. Chonde chonde, chitani muja achitira bambo akunyumba a Judge Kachale, osanyengelera onse olakwira lamulo
Ndipo I’m surprised. She used to be a woman of God. I guess she’s eaten too much blue money
Ms. Chizuma you must be very stupid or you are towing a political line. One doesn’t do a reconciliation with criminals, you just wipe them out and the Nsundwe murderers need to be wiped out.
Kharupa you are a dog. I don’t even feel like having an intelligent debate with you. It would be a waste of time.