The High Court in Lilongwe yesterday granted human rights activist Sylvester Namiwa bail on charges of treason and publishing false news.
However, it remained unclear by press time whether Namiwa had been released from Maula Prison as his lawyers worked to complete administrative procedures involving the prison, police and prosecution authorities.
Presiding Judge Mzonde Mvula ordered Namiwa’s conditional release under Section 42(2)(e) of the Constitution and set September 8 2026 for plea-taking and direction hearing.
Namiwa, 48, executive director of the Centre for Democracy and Economic Development Initiatives (Cdedi), was arrested on July 30 following an interview broadcast on Luntha Television on July 28.
The State alleges that during the broadcast, Namiwa committed treason under Section 38(1) of the Penal Code by stating that Vice-President Jane Ansah would become President within two months outside any legally recognised process.
He also faces a charge of publishing false news under Section 60(1), as read with Section 34, for allegedly claiming that five powerful ruling party figures were using people from Dzaleka Refugee Camp and prisons to carry out targeted killings.
In his ruling, Justice Mvula said although the 90-day pre-trial custody period under Section 161G of the Criminal Procedure and Evidence Code had not expired, the State had not opposed bail because it had completed gathering its evidence.
“The law of Malawi at present operates on a presumption that every person should ordinarily be granted bail, especially if they are fixed within the jurisdiction,” Mvula said.
Bail conditions include a K5 million cash bond, two blood-relative sureties executing K10 million non-cash bonds each, surrender of his passport and reporting to National Police Headquarters every Monday.
The judge also ordered Namiwa and Cdedi not to comment publicly on the case or hold press conferences.
The State has been ordered to provide full disclosure within seven days, while any future charges should be served through summons rather than fresh arrests.
Defence lawyer Gift John Mwenye said the bond had been paid but administrative processes were delaying Namiwa’s release.
“The sureties have been accepted by the court and the bond has been paid,” Mwenye said. “What is now remaining is to push other authorities like the DPP, Police and Prison to have my client released.”
