President to be removed from protected names

Parliament has adopted a report by its Legal Affairs Committee pushing for the removal of the President’s name from the Protected Flag, Emblems and Names Act as part of the process to decriminalise sedition-related offences.

Ministry of Justice presented a Bill in Parliament in Lilongwe to amend the Protected Flag, Emblems and Names Act.

The Bill seeks to make amendments to the Protected Flag, Emblems and Names Act to decriminalise sedition-related offences by amending Section 4 of the Act which penalises any act showing disrespect to the Protected Flag, Emblems and Names.

However, the Bill was referred to the Legal Affairs Committee for scrutiny.

Delivering a report in the House yesterday, committee chairperson Peter Dimba said they have proposed that people still need to respect the flag and emblems, but that the name of the President should be removed from the list.

He said: “The amendment is that any person who, in a public place, mutilates, defaces or bends or performs an act which in the circumstances is calculated to or is likely to show disrespect of a protected emblem commits an offence and shall upon conviction be liable to a fine of K2 million and imprisonment for six months.

“This is amending Section 4 of the Act which states that any person who does any act or utters any words or publishes or utters any writing calculated to or likely to insult, ridicule or show disrespect to or with reference to the President, the National flag, the public seal or any protected emblem shall be liable to a fine of £1 000 and imprisonment for two years.”

Dimba said the committee has kept the other emblems intact so that they remain protected.

Earlier this week, Parliament repealed sedition laws in the Penal Code when it passed the Penal Code (Amendment) Bill.

Dimba said the repealing of sedition laws was a big step towards ensuring that people provide criticism to the President and government.

He said sedition has been used by politicians to oppress the voice of others and there is need to commend President Lazarus Chakwera for supporting the removal of sedition laws.

“Sedition laws should have been removed a long time ago after Malawi adopted multiparty,” said Dimba.

Government chief whip Jacob Hara said by removing the President’s name from the protected names, the President is fulfilling his promises that he is going to reduce his powers.

However, he said people need to criticise the President with respect and not take this for granted.

Hara also said there is a misconception that flying a flag on a house or a car is a crime.

Mulanje Bale legislator Victor Musowa said there is also need to allow members of Parliament (MPs) to reflect on the President and Vice-President when debating issues. He said MPs are being gagged while the President is accommodating to have people talk about him.