President Lazarus Chakwera used the 60th Independence Day anniversary commemorations to fire a bullet of criticism at the police over cybercrime-arrests amidst conspiracies surrounding a plane crash that killed Vice-President Saulos Chilima and eight others last month.
The police arrested Rumphi East lawmaker Kamlepo Kalua, activist Bon Kalindo and Reverend Kondwani Chimbirima Gondwe of the Livingstonia Synod’s Zolozolo CCAP over alleged circulation of criminal content, in accordance with the Electronic Transaction and Cyber Security Act.
In his address during the National Service of Worship in Lilongwe yesterday, Chakwera said the police were supposed to understand during a disaster of great magnitude some people stray in their reactions.
He said as translated from Chichewa: “I would like to remind you that police officers have a role in the healing process. It is well known that in trying times, some people react in disorderly manner.
“As guardians of human rights and peace, you are supposed to do your best to ensure enforcement of law abiding before focusing on initiating arrests.”
Chakwera also seemed to suggest that the police conduct is still that of use of force rather than a service while calling for reformation.
“While being aware that I don’t have constitutional powers to issue orders to the police, I plead with you the Inspector General to ensure that the Malawi Police Service operates as a service for the people and not a Force that makes lives miserable,” he added.
Police national publicist Peter Kalaya did not immediately respond to our questionnaire, but security analyst Sheriff Kaisi interpreted the President’s statement as a call for the police to do thorough investigations before arresting suspects.
“You can infer from his statement that he means, the police shouldn’t just charge to arrest people before a thorough investigation if indeed it is appropriate to arrest the suspect,” he said in a response to our questionnaire yesterday.
He, however, criticised Chakwera for pleading with the Police instead of issuing orders.
“The President, constitutionally, is the Commander-in-Chief of the armed forces, hence he is not supposed to beg or kneel down when giving orders.
“This may demean the constitutional power vested in him as commander-in-chief. He must command not begging. Generally, there is a need for a strong link between the commander-in-chief and the commanding element of the armed forces,” he said.
Asked about the President’s remarks amid concerns from some quarters that the President might be interfering with Police operations, Malawi Law Society (MLS) president Patrick Mpaka yesterday suspected that Chakwera was reacting to a story published in our sister paper The Nation.
In it, civil society organisation leaders called for the repeal of the Electronic Transactions and Cyber Security Act because the government is allegedly using it to stifle dissent, legal experts have warned against using emotions to change laws.
In that article Mpaka said it is not necessary to repeal the law, but urged law enforcement agents to acquaint themselves with the law.
He also said there is a need to apply the Constitution and court pronouncements defining standards before making such kinds of arrests.
Earlier during the ceremony, President Chakwera read out scriptures from the Book of Romans chapter 5 verses 1 to 5.
It reads in part: “Therefore, since we have been justified through faith, we have peace with God through our Lord Jesus Christ.
“Through whom we have gained access by faith into this grace in which we now stand. And we boast in the hope of the glory of God.
