Protesters spend 3 months at Maula, fail to pay K5 000 bailthem

Eight protesters have been at Maula Prison for three months after failing to pay a K5 000 bail bond and produce one traceable surety, Nation on Sunday can reveal.

Malawi Prison Service (MPS) spokesperson Chimwemwe Shaba confirmed that the protesters, who were arrested during the July 20 2022 demonstrations in Lilongwe, failed to pay the bond and were released last week during a camp court meeting.

Two others were released on October 3 2022 at the court after spending two months at the prison.

Shaba could not say when exactly the remaining suspects will be taken to court again for a fresh bail application.

According to him, only Omari James Mpinda Malaya is still on remand after failing to pay K5 000 bail bond while Yamikani Mpinganjira and Yasini Saidi were convicted of their offences.

Shaba also identified those released during a camp court held on November 1 2022 as Sandikonda Gonani, Harlod Moyo and Yona Mukwewa while Suleman Frank and Umari Saidi were released early October.

The suspects were arrested for allegedly proposing violence during the demonstration organised by Human Rights Ambassadors to force President Lazarus Chakwera and Vice-President Saulos Chilima to resign and call for fresh presidential vote.

The demonstrations turned violent after an injunction was obtained at the eleventh hour prohibiting the protests. This angered the protesters leading to clashes with law enforcers.

A legal expert has argued that ordinarily, organisers of the demostrations are under obligation to secure the release of their followers.

In a telephone interview on Wednesday, Justice Link executive director Justin Dzonzi described the silence on the part of the organisers as ‘an emblem of shame’, saying much as the grouping would want to hold government to account, the nation also need to hold such groups to account.

He said: “In recent times, we have seen the police requesting for names of organisers, it is because they want them to take responsibility.

“We know such groups collect financial resources to facilitate these activities, let them use part of such donations to pay for bail bond of their members.”

Dzonzi further observed that bail is a right under law and wondered why suspects could be deprived and detained for failing to fulfil some bail conditions.

He explained that if a court is satisfied that the offender cannot abscond trial or interfere with witnesses or investigations then bail ought to be granted.

Said Dzonzi: “Failure to pay bail bond or produce a surety should not be a reason to detain [the suspects].

“We should not attach monetary value to a right, because what that means is that those who can’t afford are being excluded, but a right has to be applied to both the poor and the rich.”

During the demonstrations, police arrested 68 suspects including eight organisers who are answering two charges of disrespecting court proceedings and inciting violence.

The organisers were granted bail and were told to provide one surety with K150 000 each and give K500 000 non-cash bond, among other conditions.

The leaders are Kingsley Mpaso, Billy Banda, Phunziro Mvula, Chimwemwe Mphepo, Edward Kampanje, Aubrey Harare, Jonathan Phiri and Victor Nyanyaliwa.

In an interview on Thursday, Banda gave the impression that he was not aware that some protesters were still on remand.

He, however, described the situation as unfortunate and worrisome, saying he will engage their lawyers to facilitate their release.

Centre for Human Rights Education Advice Assistance (Chreaa) executive director Victor Mhango said it was unfortunate that some people are remanded for a long time before their cases are taken to court.

He cited a case involving four people from Thyolo District remanded at Chichiri Prison since March this year but are yet to be taken to court.

The suspects were picked during demonstrations in the district that led to a police unit being torched.

The suspects are Maliko Elias, Stephano Beston, Thomas Albert and Saidi Mahame.

Said Mhango: “We have noted that when people participate in lawful demonstrations are arrested. Those with financial means are able to bail themselves out leaving the less privileged who also participate in good faith.”

When contacted for comment, Director of Public Prosecutions Steven Kayuni said the accused have a right to approach the court for a reconsideration of the bail bond.

He said: “The order on posting bail is a court order. They had legal representation and in the event of being indigent or imprecuniary status, they have a right to approach the court for a reconsideration of the amount to be posted as bail bond. Their lawyer should know this basic process.”

In a separate interview, Legal Aid Bureau (LAB)director Masauko Chamkakala echoed similar sentiments, arguing that demonstrations’ organisers have a responsibility to assist their followers if found in such a predicament.

According to him, LAB officers visited Maula Prison this week and confirmed that one of the accused who failed to pay K5 000 was still on remand.

Chamkakala pledged that a file will be opened so that the remaining suspect can be assisted.