Malawi: Regional media body calls arrest of journalist unconstitutional, retrogressive

A Southern Africa’s media watchdog has called upon Malawian authorities to release on bail online journalist Justice Mponda within the required 48 hours and desist from subjecting him to further mental and physical torture.

The 27-year-old journalist working for an online publication Malawi Voice was arrested Monday morning on allegations that he insulted President Joyce Banda and published false information.

The online publication which is bankrolled by members of the former ruling Democratic Progressive Party (DPP) is branded by most readers as unethical and blacklisted by the Joyce Banda administration.  

A few hours after his arrest, police transferred the journalist to the national police headquarters in the capital, Lilongwe, some 340 kilometers away from Blantyre, where his case file has reportedly been opened.

Police have since charged him with three counts of insulting the President, Publishing false information and criminal libel.

But the Media Institute of Southern Africa (MISA), Malawi Chapter says it is shocked and deeply saddened with the detention of Mponda and considers his arrest and treatment as undemocratic and retrogressive for Malawi's emerging democracy. 

“MISA Malawi considers the arrest and treatment of Mponda as unconstitutional and retrogressive for Malawi's nascent democracy. 

“The arrest of Mponda is based on outmoded pieces of legislation enacted during the colonial era to suppress dissent and promote colonial superiority. Among others, Mponda has been charged with insulting the president based on the Protected Names, Flag and Emblems Act, a law which is archaic and retrogressive for our country,” MISA Malawi Chairperson, Anthony Kasunda said in a statement.

It is not quite clear which articles Mponda has been arrested for as police have kept a tight lid on his arrest but sources within police say he had been arrested for the three articles he wrote which are believed to have been cooked up also for being linked to a fake facebook account purported to be that of President Banda.

The police source said the articles in question include one on Malawi declaring Tanzania High Commissioner to Malawi persona non grata following remarks he made on Zodiak radio regarding the Lake Malawi boarder dispute, the Chinese Government withdrawing its pledge to construct a state-of-the-art stadium in Lilongwe and another on President Joyce Banda claiming she was resigning as president which he quoted her fake facebook account.

MISA Malawi says it is important to note that in any democracy, free speech is paramount and affords the citizenry, including the media, a chance to debate and shape public opinion. 

“Without free speech, the media cannot effectively perform its watchdog role and check abuse of power and safeguard democracy. That is why MISA Malawi has been in the forefront campaigning for repeal and review of laws that restrict free speech, such as Criminal Defamation and the Protected Flags, Emblems and Names Act, which have both been used to arrest Mponda,” states the statement. 

It adds: “We have brought these laws to the attention of relevant authorities and reiterate our plea for their urgent review. In fact, that some of these laws - Protected Flags, Emblems and Names Act for example, still quote a fine to be paid in Pound Sterling (1000 Pounds, about Mk480, 000) and not in Malawi Kwacha supports the fact that the laws remain stuck in the repressive colonial era and proves the urgency with which legal reforms must take place in Malawi, forty-eight years after independence.”

MISA Malawi also expresses concern over several other restrictive laws of such nature and age existing in Malawi like the Official Secrets Act (1913), the Printed Publications Act (1947) and the Censorship and Control of Entertainment Act (1968). 

“Archaic laws have no role to play in a democracy and we call upon government to desist from implementing them and dragging the country to the colonial era,” asserts MISA Malawi.

However, the media watchdog commends government for repealing Section 46 of the Penal Code - which empowered the Minister of Information to ban any publication deemed not to be in the public interest, as defined by the minister, but at the same time requested a critical look at other laws that negate on the Constitutional guarantee to free speech and media freedom as provided for under Sections 35 and 36 of the Constitution. 

Commenting on police conduct to transfer Mponda from Blantyre to Lilongwe, MISA Malawi says it is shocked and disturbed with the development which it describes as a clear torture. 

It says this is a clear demonstration by the law enforcers that they are not through with investigations and are “taking deliberate steps to subject Mponda to mental and physical torture.”

The media body observes that government has all the resources at its disposal and clearly capable of keeping Mponda in Blantyre and subjecting Mponda to mental and physical torture is unconstitutional and should not be condoned in this day and age.

MISA Malawi says it had always supported a win-win relationship between the media and government and strongly appeals to authorities to engage relevant bodies such as MISA Malawi and the Media Council of Malawi (MISA) whenever disagreements arise between government and the media. 

It observes that arresting journalists would only tarnish the image of the government and ruin the benefits of dialogue. 

“Only dialogue between government and the media would provide a more enabling environment for media freedom, freedom of expression and ultimately citizen empowerment.

“We have hope in the leadership of Mrs. Joyce Banda and strongly encourage overzealous cohorts to desist from making decisions that would ruin her administration and tarnish the good image her administration has tried hard to build.  

“We call upon the authorities to investigate the matter thoroughly and release Mponda on bail within the required 48 hours. We also appeal to the Police to desist from subjecting Mponda to further mental and physical torture,” concludes the statement.