Chakwera stand under spotlight amid arrests

President Lazarus Chakwera has come under the spotlight over his remarks regarding “insults” linked to a plane crash that killed former vice-president Saulos Chilima and eight others on June 10 amid arrests of critics.

In separate interviews on Tuesday, governance and human rights analysts pointed out that the arrests contradict the President’s remarks at Bingu National Stadium in Lilongwe during Chilima’s State funeral service on June 16.

However, legal minds have stated that Chakwera’s declaration was not legally binding.

During the service, the President, whose speech was often interrupted by a chorus of boos, said he accepted the insults as a parent and stated that no-one should suffer for their sentiments during the time of grief.

His administration has faced criticism from some sections of society for perceived slow action to launch the ill-fated military plane’s search and rescue mission and inform the nation quickly about its missing.

In his address, the President said: “Olira samutseka pakamwa [a mourner must not be gagged].

“This is the time to accept being insulted because I am the parent who should accept everyone’s mourning.

“So, please I don’t want anyone to return the pain because of those that have chosen to mourn in a way that seeks to find fault in me.”

But days after Chilima was laid to rest in Nsipe, Ntcheu on June 17, police arrested Rumphi East lawmaker Kamlepo Kalua, activist Bon Kalindo and Reverend Kondwani Chimbirima Gondwe of the Livingstonia Synod’s Zolozolo CCAP congregation in Mzuzu over sentiments linked to the plane crash. All three have since been released on bail.

In his reaction on Tuesday, Youth and Society executive director Charles Kajoloweka said the arrests portray “typical President Chakwera hypocrisy”.

He said: “His administration does not live up to its commitment. His silence on this authoritarian trend suggests his endorsement of the same. This is concerning.

“In 2019, as Leader of Opposition in Parliament, Chakwera condemned similar arrests of activists, including Kalindo, calling them ‘stupid’ and criticised the laws used for the arrests as equally stupid.

“He promised to review such laws to ensure that all Malawians could freely express their thoughts without fear of persecution. Now, on his watch, Malawians are being gagged again. Double standards.”

But private practice lawyer Gladwell Majekete said the President’s declaration does not have legal basis to stop the arrests.

“It was a podium statement whose effect is limited to the environment at which it was made with no effect as far as the position of the law is. In the current arrests, the police are relying on the cyber crime law of 2016 which is explicit in defining what cyber-crime is and what is not,” he said.

But the Lilongwe Principal Resident Magistrate’s Court on Wednesday faulted the manner police treats suspects and urged the law enforcers to take suspects to the nearest court possible and effect arrests after concluding investigations.

Delivering a bail ruling for Chimbirima  Gondwe on Wednesday, principal resident magistrate Roderick Michongwe said suspects should be taken to the nearest court possible even when a warrant of arrest was issued by a court in another district.

The cleric was arrested in Mzuzu and moved to Lilongwe for plea taking. The same was the case with Kamlepo Kalua and Kalindo who were taken from Blantyre to Lilongwe for plea taking.

Malawi Police Service national publicist Peter Kalaya and Presidential press secretary Anthony Kasunda had not responded to our questionnaires as we went for press last night.