(In re: Kazimitsa v. Ministries of State, Information and Homeland Security)
Before this court delves into the latest political theatre, the televised assault on Nyasaland Television (NTV), let us establish a precedent from the first book of law, not the Penal Code: the Bible.
It tells the potent tale of Shimei, a man who hurled curses and stones at King David during a vulnerable moment of rebellion. David showed tactical restraint, but later, in a moment of distilled royal wisdom, he instructed his successor, Solomon to keep an eye on that man. “Do not let his grey head go down to the grave in peace.” Solomon, understanding the necessity of delayed but certain justice, served Shimei a subtle, inescapable punishment for violating the terms of his restricted liberty.
Fast-forward to our own kingdom of Nyasaland, where wisdom, it seems, has taken a permanent sabbatical.
This court has received a bizarre but urgent petition for judicial review from Mikaele Kazimitsa, vice-chairperson of the remarkably-named Defenders of Human Rights Abusers. The substantive matter on the alleged unlawful conduct of party operatives is already before another court. Kazimitsa’s specific grievance is the spectacular failure of the Ministry of Information, the Ministry of Homeland Security and the Ministry of State to prevent the storming of NTV.
Counsel Benie Kondowole argues that the State shamefully permitted its authority to be usurped by party zealots. These operatives interrupted live programming, brazenly commandeered the airwaves and turned the national newsroom into a political confessional booth, all to force the director general of the Nyasaland Broadcasting Corporation (NBC) into a public apology for campaign-era remarks against Mapuya and his comrades.
All this transpired under the passive, but watchful eyes of State security that in a stunning and telling display of democratic inertia, clearly chose popcorn over intervention.
Let it be known: The State has ample, civilised mechanisms, ranging from official complaints to libel suits, to address perceived grievances. Allowing political operatives to hijack a national broadcaster to settle political scores is not merely a “minor scuffle,” as the ministries appear to suggest. It is an act of constitutional abdication by the State itself.
We grant this judicial review because the Executive branch is demonstrably treating this incident as a simple disciplinary matter rather than the profound constitutional breach it represents. The State’s dereliction of duty has set a precedent that this court loathes to memorise: that settling political scores is now the prerogative of party zealots, rather than the exclusive domain of the rule of law.
If the Shimei example teaches us anything, it is that justice, even if delayed, must be handled with State wisdom, not street stones. The failure of the ministries to defend the sanctity of a national institution in real-time gives this new administration’s critics all the ammunition they need: the return to power could signal a return to impunity. But that is no one’s wish.
The file remains open and the ministries in question shall provide cause as to why they failed to defend the constitutional integrity of the public broadcaster.
IT IS SO ORDERED.
Delivered on this 19th day of October 2025.
Yours in democratic vigilance,
Judge Mbadwa
(John Citizen)
