A court in Lilongwe has adjourned to Tuesday next week in a matter involving social media activist Joshua Chisa Mbele whom the state is accusing of defaming and character assassinating some senior government officials.
Lilongwe Senior resident Magistrate Wanangwa Nyirenda has adjourned the matter to Tuesday next week for a ruling on the application by the state to revoke Mbele’s bail.
Chisa Mbele later brought down the face book post before he was arrested.
In his submission, state Prosecutor Levinson Mangani told the court that the accused used obscene and unacceptable words in a Malawian society.
He argued that the fact that the posts were deleted shows that they were wrong hence the need to have Mbele’s bail revoked.
Defense lawyer Gilbert Khonyongwa however submitted that the court should not grant the request by the state arguing the application is preconceived.
Khonyongwa said the State has failed to prove that people’s rights were infringed upon.
He said the State has also failed to mention the individual that had their rights infringed upon because of the posts.
He said this is just one way of State stopping citizens from expressing their views, speaking tough on corruption and from enjoying their freedom of expression.
“The State should be thanking Mbele for his vigorous spirit to fight corruption in Malawi” says Khonyongwa.
In cross examination, State Prosecutor Mangani asked Mbele if he accepted context of his posts to his readers.
He was told to tell the court how many comments his “faeces” post attracted. Mbele answers “1,700 comments”.
He was therefore been asked if he went to all these 1700 people to explain the context to them.
Mbele responded that they are not 1700 people as an individual could make 10 or more comments, he adds that some comments were his.
Mbele was asked if his children are comfortable with the language he uses on social media to which he answered ‘Yes’.
He was asked if the language is also okay for other people’s children, Mbele says, his friends are adults.
He was asked how he came to know about this, he has answered that its because he is the one who accepted their friend requests.
He was asked how it would feel for other people’s children to read such posts, Mbele says that wouldn’t be his problem but their Parents’ issue.
Mbele said he was just emphasizing the level of pain Malawians have been subjected to by the current leadership.
He said it is the same phrase that goes “kuchoka mu dengu kugwera mulichero“.
“A-Malawi pano akumva uluru oopsa kuposa uluru omwe ankamva kale, ndi zomwe ndimatanthauza,” explained Mbele.
On labelling National Intelligence Authority useless, Mbele said it is indeed useless.
“NIA ntchito yake ndiyounika zomwe zikuchitika mdziko muno, zolowa komanso zotuluka mdziko muno. A Sattar adalowa mdziko muno kudzera pa Airport koma NIA osadziwa za zimenezi, ndiye nkumati akukwanitsa ntchito? Alephera kaya” says Mbele.
On breaching bail conditions, Mbele has told the Court that in his bail conditions, he was never stopped from commenting on corruption or political issues.
He denied posting messages that are abusive to Malawians or an infringement on human rights.
In closing, Khonyongwa asked Kalungu to mention one person whose rights were infringed through Mbele’s posts. Kalungu in general says “Malawians”.
Khonyongwa has asked Kalungu to mention one Right that was infringed upon through the posts.
Kalungu has failed to mention one, instead he just laughed.