Experts fault BJ’s treason remarks

Three lawyers have said there is nothing treasonous in a statement issued by the civil society organisations (CSO) Grand Coalition that they want to move Parliament to form an interim government.

Dean of law at the University of Malawi’s Chancellor College in Zomba, Dr Mwiza Nkhata, and lawyer Justin Dzonzi, executive director of Justice Link, said in separate interviews yesterday that treason or coup plot is an actual attempt to remove government by force using arms.

Their reactions came in the light of a statement by Minister of Information and Civic Education Brown Mpinganjira, who is the official government spokesperson, in an interview on Monday that the statement by the CSOs was treasonous, but that the Joyce Banda administration would not take any action because Malawians were mature enough to see the folly in the statement.

In their statement, the CSO leaders warned they would hold periodic demonstrations, occupy Capital Hill and State houses and move Parliament to form an interim government, among others, if the President was not going to address their demands regarding the Capital Hill cash-gate.

But the lawyers said the statement the CSOs issued does not constitute treason, by far.

Said Nkhata: “The word treason is very technical. This is an action to overthrow government by force using arms. The key question is what steps did the CSOs take to overthrow government? In a liberal democracy, the political space must be broad.

“Government must be number one to provide this political space where citizens can freely express themselves how the affairs of the State must be run. Free speech in a democracy is fundamental and citizens must never be threatened with treason for exercising that right.”

He said politicians must be tolerant and in the forefront to promote freedom of expression, adding past governments used treason and sedition to silence diverse views.

Dzonzi said the CSOs’ statement does not tantamount to treason, arguing their planned actions are not to remove the President by force, but to hold peaceful demonstrations.

A professor of law at Chancellor College, Edge Kanyongolo, said in an interview the proposal can only be treasonous if the watchdogs planned to overthrow government unlawfully.

“Section 38 of the Penal Code says it is treason if they plan or execute a plan to overthrow government using force and unlawful means. But to say that the President must resign or has failed is not treason.

“But Parliament does not have the mandate to remove a government or president through a vote of no confidence as is the case in parliamentary democracies such as South Africa,” Kanyongolo said.

On the other hand, a political scientist, Henry Chingaipe has said the CSOs’ demands lack legal basis despite the deepening impact of the Cashgate scandal.

Spokesperson for the CSOs Grand Coalition Baldwin Chiyamwaka was in the dark on how the temporary government they are advocating will be composed.

In an interview yesterday, Chiyamwaka said member organisations did not take into consideration the composition and legality of the said government which involves some technicalities.