Malawi Human Rights Commission (MHRC) says owners of property destroyed during an attack on unarmed protesters on June 26 in Lilongwe are demanding compensation for losses incurred.
The property damaged included two vehicles that were torched in the violence where activist Sylvester Namiwa and others were assaulted in full view of State security after panga-wielding thugs disrupted a planned peaceful march against the Malawi Electoral Commission (MEC).
On the other hand, Christopher Kasambara, a resident of Chinsapo in Lilongwe, is in dire straits and seeking damages after his public address (PA) system, his sole source of income, was vandalised and stolen during the chaos.
The damaged property is valued at K104 million with K24 million for the PA system, K50 million and K25 million for the torched minibus and lorry respectively.
In an interview, MHRC director for civil and political rights Peter Chisi said most of the looted property has not yet been recovered by police.
He said, as of now, they have not yet provided guidance on who should be approached for compensation but indicated that it would be either the government or organisers of the failed demonstrations.
“Vehicles that were set on fire were also hired and did not belong to the organisers. The owners of the vehicles are appealing to the organisers to compensate them for the losses incurred on the fateful day,” said Chisi.
So far, he said, the MHRC investigation has found that a number of people were injured during the violence, including the lead organiser Namiwa and others who were hired to provide support services such as operating the PA system.
Chisi said MHRC has so far interviewed two journalists whose names he withheld, Kasambara and Moses Namalomba who facilitated the hiring of the minibus that was torched.
He said MHRC is yet to interview law enforcement agencies, notably the Malawi Defence Force and Malawi Police Service due to internal delays within MHRC.
“It is too early to provide further details in terms of findings of the investigation since this is work in progress. There have been internal delays to conclude the investigation in terms of reaching out to security agencies, and this will be done soon,” said Chisi.
Kasambara said in an interview yesterday that he is under pressure to compensate the torched vehicle he hired to transport his public address system.
Private-practice lawyer Khwima Mchizi, who has been following the matter closely, said in an interview yesterday that based on the Malawi Constitution and Police Act, government has a duty to protect its citizens and hence it is liable for compensating the victims of the violence.
He said that the victims can go to court to seek legal redress, adding that he has information of the intent to sue by some of the victims including those who lost various properties.
Mchizi said the police are responsible for provision of security to demonstrators hence the extent of liability was worsened by the fact that the law enforcers neglected their duty by staying idle when the violence ensued.
In August 2019, former Attorney General (AG) Kalekeni Kaphale sought to stop demonstrations for causing violence but High Court of Malawi Judge Kenyatta Nyirenda refused to grant the order.
