‘Thou shalt not insult Malawi leader’: Mutharika wants to use ‘draconian’ law to drap critics ‘like a tonnes of bricks’
A law that makes it illegal to “undermine the authority of or insult the president,” is outdated in democratic Malawi and should be outlawed, human rights defenders and lawyers have said citing concern for freedom of speech after President Peter Mutharika threaten to use it.
President Mutharika on Saturday warned his deputy Saulos Chilima, former first lady Callista Mutharika and other United Transformation Movement (UTM) gurus against attacking him, threatening to invoke Section 4 of the Protected Flag, Emblems and Names Act against his critics.
“I want to warn [Vice-President Saulos] Chilima, [Noel] Masangwi, [Patricia] Kaliati and Callista Chapola [Mutharika. I want to warn you, don’t push me around. You better stop what you are doing.
“There are laws in this country about describing a President. If they don’t stop, I am going to drap on you like a tonnes of bricks, and I mean it… I am tired of this nonsense,” said Mutharika in Mzuzu.
Human rights defenders, legal experts say the regulation undermined freedom of expression and the law is outdated not suitable in a democratic environment.
Prosecutors would be overzealous about charging individuals who remark about President Peter Mutharika in consuming halls and different social locations including on Facebook following the President’s threats, observed the rights defenders.
They argue that freedom of speech means citizens including political competitors have can criticize and even poke enjoyable comments at each other and would be ridiculous to criminalize such actions.
Governance expert and human rights activist Makhumbo Munthali told Nyasa Times that the President’s threats have no space in the democratic dispensation.
“In fact, the laws which APM [Mutharika] wants to use are outdated and in conflict with the Constitution and freedom of expression as such they will certainly be challenged in Court if applied,” Munthali said.
If used, critics say the law will further erode the sliding popularity of President Mutharika ahead of next year’s polls.
Malawi Law Society (MLS) president Alfred Majamanda shared Munthali’s sentiments, saying if Mutharika invokes the Section 4, would be a “step backward” for freedom of expression.
He, nonetheless, cast doubts that the courts may uphold the “draconian law.”
Lawyer Justin Dzonzi as one of the commissioners of the Malawi Human Rights Commission (MHRC) has said the law which the President wants to use to silence his critics is “unconstitutional” despite being in the statues and that courts can review the archaic Section.
“It has not space and place in the democratic set-up,” said Dzonzi.
Immediate past Malawi Law Society president Mwiza Jo Nkhata, who is also associate professor of law at University of Malawi’s Chancellor College, said it would be “misuse of powers” is the President invoked his powers to use the controversial section for gagging his opponents in a country that subscribes to democratic values.
State House said not everyone who spoke out would run foul of the law, saying those who want to keep the government in check for the public interest will not be criminalized.
But if the criticism amounts to slander, that President can seek protection from the laws of the country.
Section Four of the Protected Flag, Emblems And Names Act, which provides penalties for anyone who does any act or utters any words or publishes or utters any writing calculated to or liable to insult, ridicule or to show disrespect to or with reference to the President.
Attorney General Charles Mhango said the law was still part of the country’s statues and that democracy does not entail a licence to insult leaders.
The law was previously used to convict opposition leader late Gwanda Chakuamba who attacked former president late Bingu wa Mutharika. He was not sent to jail due to his advanced age.
Politicians Hophmally Makande was also prosecuted on the same law and in trying to punish firebrand polititician Kamlepo Kalua the law was used when he called Bingu “ka Ngwazi”.
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Do not waste time with village politics of insulting each other. In the Western civilizations, name calling is not a crime. Stop whining on petty issues and concentrate on life or death issues we have in abundance in Malawi. People are dying in hospitals because of lack of basic medicines and you are wasting time castigating each other. Useless. Last time I checked, MK145 million could easily buy 8000 modern hospital beds. Why don’t you focus on tangible things that need to be done to develop Malawi? Prioritize projects please. Food, Health, Education, Defence are just some of the areas that need to be prioritized and not stadiums as if you have a team to reckon with.
If the piece of legislation is not in tandem with democratic values why has the law commission not recommended a revision? Are we really working in this country or we are all sleeping on our jobs?
Anthu amatukwana achina Trump, Zuma etc. A Malawi kungonda kuzikakamula? Ngati zenizeni tsono? That’s why ati professor…… dr…..
Mukachoka apo muyambe kuba ma K145 million, kenako kunama “ayi sindimadziwa, ayi ndi ya chipani…… ayi tibweza”…….. .zabodza basi!!!
Olo ku America achina Trump ku bank kutalowa over $150,000 akalempjere kudzidzimuka, kuti yachokera kuti? If it’s a donation DECLARE it and say thank you. UMBAVA UMBAVA basi
Wake up Malawi, those were old days you could use dirty politics to attract masses, gone are days of Dr Bakili Muluzi. To my surprise lawyers and political commentators are enjoying insults branded on His Excellency. We need leaders who have respect for others, and be exemplary in all terms. Convince Malawian with economical points that could take Malawians to another level. How could Malawians easily forget that here is a person who wanted to stand as a President of Party he is instigating now. wake up Malawi.
TYPICAL OF THE LOMWELIZED AND SELFISH WAY OF THINKING FROM THIS PRESIDENT, ONLY THINKING ABOUT HIMSELF.AFTER SENSING THAT HE IS LOSING THE GAME, HE TURNS TO MOANING, BABY CRYING LIKE JOSE MOURIHNO OF MANUTD. AKUNYENYANINYENYANI AZIMAYI AMENEWA. OSANGOPUMA BWANJI.
Our president, professor APM, an expert in constitutional law does not know the law he wants to use to punish critics is outdated. I blame his so called advisors for the numerous blunders our president has been making of late. Obviously he must have consulted his multitude of advisors before going on the podium to do the
Mr President please shoot them they are stupid. The law is the law. If what is happening is democracy then bring dictatorship. Inunso a president you are too tolerant. How can you allow Chilima and his prostitutes insult you and you are smiling. Arrest them and teach them a lesson.
So when i am in my home village i can go uphill and start insulting elders there just because the laws they were using to punish people are outdated? what is outdated thinking by the ways? Outdated thinking is when you think that being in democratic sphere is being irresponsible by insulting others. Come up with facts for people to vote for you.
Please leave munthalika alone. Inu simudzakalamba.ngati mukufuna kuvota kavoteni chabe. Poti voti ndimumtima. Koma zoti inu mudzakhalabe tean ager mpaka kale ayi. Zonyoza President zinthe iya
Chiuzeni chindele chakufikapo chi APMcho kuti chiyambe ichocho kulemekeza a Malawi
This president ought to be ashamed of himself. He wants to enjoy demeaning others because he is in authority while others can not freely express their opinion of him nor criticize his failed policies.
Referring to the archaic law means contradicting himself about what he has been saying regarding MCP. Isn’t he on record as having said as long as he is president, he won’t let MCP come back to power because it was a party of death and darkness under Kamuzu-the law he wants to use against his opponents was part and parcel of one party constitutional setup. This is why there was no freedom of expression and association under Dr Kamuzu Banda. Now, is Peter Mutharika subscribing to what Kamuzu did to the people? Isn’t this hypocritical?
The problem is Peter Mutharika can’t stand the heat emitted by his political opponents and he knows he is destined for exit in 2019 hence the anger that is boiling in his heart. When you are not a good fighter you resort to rage without applying tactical approach. To make himself a better fighter, he should have been a good man to Malawians in all aspects of their lives. He should have stabilized the economy, provided them with better services like reliable energy, good Healthcare system, sealed loopholes to corrupt practices, provided transparency and accountability in his governance, and defending Malawians from nepotism and tribalism. Mutharika has been very passive in response to people’s problems but has been good at lying to Malawians. He is not a good leader and deserves criticism and verbal attacks.
Why should a whole president lie to his people about Gensets? Didn’t he promise them an end to blackouts by February this year? Isn’t he letting his followers dress down politicians in the other camps or doesn’t he himself engage in a verbal war against others? So why all this ranting, hallucination, and threats against others? Peter Mutharika should know that people can not fear him like he is God, but can respect him if he does the right things. During his entire 4 years of his rule, Peter Mutharika has done good at inflicting misery on Malawians and unfortunately, he has proved to be stubborn, arrogant, and a divisive president. The final words are that the Malawian president must know that threats are not part of the democratic fabric. We were done with threats in 1993.He is just digging his political grave if he prides in issuing threats.
Bingu was once a transformed dictator and the same applies to this one APM.He is a silent dictator
Just leave the office if you don’t want to be called names. as long as you continue making silly mistakes, stealing our taxes, lying to Malawians, do not expect any respect from us
This law must be their to protect everyone including the President.It’s not good to insult other people not good at all and the laws of this country must not allow insults.What we have seen from UTM are provocative speeches that surely can attract fire from their opponents.Politics must not be a dirty game at all.Most of wars happen because one said this and the other said this.Calling a human being,someone created in the image of GOD “Pumbwa” should totally discouraged it’s bad.Clean politics is possible.Media,Politicians and citizenry must understand this.The toungue is like a red pen,if not checked can trigger civil war,violence,hate and misunderstandings.Needless to say that ‘Some Earn Their Living From Mikangano” Very Bad !!
Insults are an alternative of lack of facts. We need facts on the ground so that we voters assess them. What facts do we get from insults? If these are called draconian laws, why don’t we use these new democratic laws in our houses so that anyone is free to insult his father, uncle, aunt, sister etc in the name of democracy or expression of speech? Why don’t Mkaka insult Chakwera using the democratic laws? Why don’t Padambo insult Chilima using the new laws? The ones who pour insults on others should question the normality of their medulla. The guys are just bankrupt in their heads. Take out all the obscene dictionaries and use them in your rallies but the end result is that you will not enter the corridors of the State House.
Whats funny is all you law experts are saying its outdated today but you know it exists and have never asked Parliamentarians to review the section and amend it or remove it. So lobby the legal affairs committe of parliament and not just talk on social media and in interviews about it.
Thieves are never respected any where APM ur not an exception as long as u continue to mis govern us and still our money forget about respect
LAW EXPERTS my arse, all these lawyers & politicians are all the same, fucken USELESS. right first we will deal with these rotten politicians and then after that WE ARE GOING TO DEAL WITH ALL YOU ROTTEN LAWYERS, you shall all be put on the BLACKLIST.
Professor Mutharika should be ashamed of himself. Go and read the same Constitution that he was instrumental in framing. This is the 21st century and if any country is going to have an archaic and outdated law to stifle freedom of speech is terrible.
The Attorney General should be promoting the advancement of Freedom of Speech not defending Professor Mutharika.
What was the Law Commissionee doing over the past few years? This is a colonial style legislation that needs to be scrapped immediately.
I want Dr Chilima to give Professor Mutharika a whipping at the polls next year.
Point of collection,not Dr Chilima but Dr L Chakwera
Point of collection,not Dr Chilima but Dr Chakwera
If the law is still valid as per our constitution, why should we be selective? The President is free to use it. You dont abolish a law like that a Malawi umbuli.
There’s no way he can walk on the state house corridors. Chilima can not win believe me…. Ndipo asabeledwa koopsa sanathe. Anthu ali naye chelu. Bolanso mcp than these……
ndipo sunati chidzete cha president iwe utukwanidwa kowopsya ndi kuba kwako kopanda nako manyaza gogo wachabechabe iwe!!!!!!!
MUFUNA ANGOKHALE DUUU, INU MUKUTUKWANA. Shaa koma Mmalawi mwachuluka zi siru zokomwa madzi ometera ndevu