Chakwera removes ‘Nachipanti’, 21 others from death row
P
resident Lazarus Chakwera has commuted the death sentence for Jack Bandawe, commonly referred to as Nachipanti, to life imprisonment, almost 12 years after the High Court in Blantyre convicted and sentenced him for murder.
Bandawe alongside 21 other prisoners on death row had their penalties commuted to life sentences on July 4 2022 under the Presidential Clemency case number 17 of 2022.
Minister of Justice Titus Mvalo, who is also chairperson of the Advisory Committee on Pardon, yesterday confirmed to The Nation that the President made the decision following his committee’s proposal.
He said: “We looked at several factors such as the fact that since 1992, no prisoner had been executed because no President has signed death warrant, so really it becomes just an academic exercise when you sentence people to death.
“So, we thought instead of putting those murder convicts in suspense that they may be hanged anytime, let us make it clear to them that they will not be hanged but serve for life.”
Chakwera effected his powers to exercise clemency on the convicted prisoners as enshrined in the country’s Constitution under Section 89(2) and Section 117 of the Prisons Act.
The sentences were commuted to life after Chakwera pardoned 175 inmates from various prisons nationwide as part of the country’s 58th Independence Anniversary Celebrations.
The High Court of Malawi sentenced Bandawe to death on November 18 2010 for causing the deaths of two people in 2009 in a mission he claimed to have been hired to suck blood at a fee of K80 000.
He was then charged for the murder of Shira Twalibu, 18 as well as her four-year-old nephew, Lakazi Mpasa and the attempted murder of Margaret Twalibu, 16. He carried out the offences in Ndirande Township, Blantyre between October 6 and 7 2009.
Chief Commissioner of Prisons Wandika Phiri did not pick up her mobile phone yesterday, but an order of commutation from her office and addressed to Zomba Central Prison officer-in-charge indicates Bandawe was considered because of, among others, good conduct while in prison.
Centre for Human Rights Education, Advice and Assistance executive director Victor Mhango said the development strengthens the case for the country to consider abolishing death penalty.
Bandawe was arrested in October 2009 and was sentenced to death for the two murder charges and six years imprisonment with hard labour for attempted murder.
At the time of his sentencing, he was already serving a 14-year jail term after the Blantyre Principal Resident Magistrate’s Court found him guilty of causing grievous harm after breaking into the house of Nelia Stima in Ndirande in 2008 where he attacked her.