Singer Mesho imprisoned 2 years over song mocking Islamic religion: Producer jailed

February 11, 2019 Green Muheya -Nyasa Times 38 Comments

A controversial local singer Andison Alfred Chipwaila also known as Mesho has been convicted by First grade magistrate Asunta Muwalo in Blantyre for releasing the now  banned song Mizikiti Ichoke  which questions why Madrassah’s [a Muslim school, college, or university that is often part of a mosque] were introduced and why Muslims don’t eat Pork.

Mesho  jailed alongside producer

He further demands the demolition of all mosques in Malawi and let everyone eat pork freely.

Mesho was arrested after releasing the song and police slapped charges of intimidation which  carries a maximum of five years or a K50 000 fine while the second count of uttering words with intent to wound religious feelings is considered a misdemeanor and attracts a maximum of one year imprisonment.

He was successfully prosecuted alongside the music producer Stephano Emmanuel for their respective roles in the making of the banned song.

In her ruling on Monday in Blantyre, Muwalo said mocking religion is the worst kind of mockery in the world and the actions of the two were damaging and sowed seeds of disharmony among Moslems and Adventists.

The court handed Chipwaila, who is the composer of the song, a two-year sentence for intimidation which is contrary to Section 88(1) (b) of the Penal Code and a further one year for writing words with intent to wound religious feelings contrary to Section 130 of the Penal Code.

Emmanuel, who was the second accused person in the case, has been penalised for his role in recording and releasing the song and has received one-year custodial sentences for each of the two counts.

Said Muwalo in her determination: “This judgment has been arrived at having considered all factors which were presented before the court and also bearing in mind that the two are first offenders. But we have also considered the deterrent effect the sentence will have on would-be offenders.”

Chipwaila, 29, comes from Binali Village, Traditional Authority (T/A) Nkanda in Mulanje while Emmanuel, 25, comes from Samson Village, T/A M’biza in Zomba district.

 

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38 replies on “Singer Mesho imprisoned 2 years over song mocking Islamic religion: Producer jailed”

  2. instead of arresting albino killers you are waisting your time kummanga ongoyimba nyimbo koma osapha muwamangetso omwe akupha anzathu achi alubinowa

  5. Mine is a suggestion that the censorship board should have the mandate to check all materials be it films,songs,shows and books for public consumption should first get authority of release just as is the case in Nigeria and other countries to avoid filling our jails because of ignorance.

  6. Peace can only prevail in our beloved nation if there is a fair and just judicial system. Bravo! to the judge that passed the verdict of Mesho case. We really need such caliber of professionals who stand for justice when and wherever it is due without taking sides. If Malawi can only stamp out corruption, in-justice, selfishness and envy, and foster the spirit of longing and togetherness…. we can really see the fruitfulness of our country.

    1. This is not justice che Mussa. This man is suffering because of ignorance of the law. These matters should be dealt with by censorship boards and music associations. Not prisons.

      1. I cant ignore your take on this issue. But to my knowledge the song was intended to provoke a section of the society in the country. Yes, censorship boards are to blame for letting such un-called for song to be produced anyway. But that is why law enforcers had to carry out their duty to reprimand the concerned artists to avoid breach of peace in wider communities around the country. And you cant call our law enforcers as ignorant of the law of the land for taking action on this issue. May be it sounded ok for some of you to hear the message that is in the song. But I personally think the song was intended to encourage certain sections of people to provoke others in order to cause conflicts in the country so that the latter can easily be given names once they react. Is this what you can call peaceful coexistence?

        Mind you, remaining calm does not mean low self esteem as other people may put it. Perhaps it’s a sign of wisdom.

  7. This is not a case of court ruling. there is no point of arresting an innocent soul. he may have done it out of ignorance or deliberately. I suppose the court to have remembered the rights of people. what the court has done is not an aspect of a democratised nation like Malawi. We have a democratic type of government but a dictatorship type of constitution. Let us review the constitution of Malawi to suit DEMOCRACY. The man Mesho was wrong but this is not a court case. He would have followed the democratic way but the judicial body itself has just shown the world why Malawi is still striving with civil unrest and governmental warfare

    1. Ignorance of the law is no excuse. All artists know that they’re supposed to submit their material ( be it music, books, films etc ) to the Censorship Board for “vetting ” before it is exposed to the general public for consumption.

      So Mr Richard Mnyayi, what’s that nonsense you have written here. Can’t understand it one lil bit.

      And what do you mean by ” Malawi is striving with civil unrest and governmental warfare “? Do you know what civil unrest is? Go to eastern DR Congo. Go to Somalia. Go to Central African Republic. Go to Syria. Go to Afghanistan. Go to Iraq.Go to Yemen.

      Go to all the hotspots on the globe where people are really suffering, and you’ll know what civil unrest is really like.

      Ku Malawi kuno tili bho! There’s peace! Let’s not take it for granted. For this peace to continue, vote wisely in May!

      Thumbs up Judiciary for the conviction of these artists. Will serve as a good deterrent, actually. Lots of unsavoury music on the airwaves which should be banned.

      1. It’s good to sensitize this kind of people bro. Some people are good at playing around with words and phrases without real knowledge

  9. That is unfair. The law enforcers shoould also arrest a Muslim who sent a whatsapp message attacking Christians kuti amaseta /kupaka manyi while they themselves use water. That was derogatory statement. The guy should be traced and be arrested. Inu a MACRA do likewise to trace the guy. This Muslim has equally attacked our faith. Let there be justice.

  11. So how about those DPP thugs who undressed an innocent UTM woman in Mangochi? Those DPP thugs who attacked and assorted Winiko? The 145million case??? Those who beat MCP supporters in Mzuzu?
    Our judiciary is too selective together with their counterparts the Police.

  12. Temper justice with mercy. I think is very unfair to sentence this man for two years for this crime. You could have just given him a suspended sentence or community service.

  13. This is very excessive & miscarriage of justice. This is an emotional sentence & not on legal basis. Lots of people have insulted other people & other tribes & have never seen a day in court. Not fair!

  14. The poor are always used as examples for others. The rich can do whatever they want. No law can deter them.

  15. Moslems seem to be the most insecure, low-self esteem, violent, lovers of religious unrest and extrimism. The song attacked both Moslems and Christians, yet we did not hear any Christian complain. In Mangochi and Machinga, the Moslems banned the selling of pork, and intimidates Christians who eat pork what does the government do? Nothing! Now they keep claiming that those districts are Moslem Districts, is this right? what does this foolish government do? Nothing!!! I grew up in that area where if they saw you eat or take pork, they would spit on the ground and say so many negative things. 20 years down the line, they banned the selling of pork in those areas.

    1. Totally agree with you, Muslims rediculating christians in different forms such as Tipange Dawa where christians and Jesus are subjects to insults but never hear any church or christian community raging war physical war with moslems, but with only one man releasing this song, though with heartred words, eeeeee troubles in Malawi. Why? The only appropriate remedy could just to reprimand the lad, not such custodial sentence. Are we trying to potray that Islamic is protected religion? Heads Up, Look Forward…..

    2. A true Christian can not condone any insults to Christianity or upon Christ (peace be upon him). If a Christian or a Muslim stood out against remarks or acts that are unjustly attacking them for believing in God, or directly/indirectly insulting Christ (peace be upon him) or any messenger of God, then I wouldn’t give them names for that. It is unfair that differences in our spiritual beliefs becomes a source of hate for one another. To judge one another is a thing which neither the teachings of the Bible nor the Quran condones. So let us not be provocative…. let us ask God to guide and protect us all the time so that we may follow the true message of the scriptures.

    1. I agree with you. Even a suspended sentence could have been enough. Or just an apology from them. Unfortunately, i don’t think these young fellows have the capacity to appeal.

      Yet someone stole our K145m is free enjoying our taxes. The law is indeed for the poor.

  17. Maybe this is the time that musicians in Malawi should be registered with a music body to assess their skills before they start singing their “tinking”?

  18. This is not fair poti ndiovutika.Mukusiya zigawenga achina kasambala kumakhala free just because of nyimbo zoona?As a first offender you could have cautioned him .Our courts are corrupt ndithu.

  19. yah well done, this guy l think he is insane and also it could be 10 years imprisonment because such kind of behaviour it brings war in the country for sure muzakamva anthu mziko agalukirana zimakhala ngati zimenezi, Mesho ali ndi mzeru zopusa kwambiri bolanso galu amaganiza bwino, nde ukatuluka uyimbinso ina uzaona p[olkekera mphwanga

  24. What miscarriage of justice! Who was defending these guys? Magistrate there is no case here. This is why thie world favors the rich. Rich people cannot be jailed for these stupid cases. If rasta sing a soing and say, ” We aguh bun down babyl0n.” He is going to jail. Ah

  25. Ridiculous, a clear setup sentence by religious zealots in the police and judiciary. Meanwhile muslims can freely insult other religions and not even one has been prosecuted.

    I bet these guys didnt even have competent legal representation.

  27. Ndende ndi ya anthu osaura, a K145 mita kungonjoya. God fight his own battle. Even if the song was there The God I know would have produced miracles to counter act this song.
    How many have you convicted because they have despised Jesus. This boy was exercising his freedom of expression, it was up to people to buy it or leave it

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