It sounds like a nightmare: Harold Moya, 33, and George Moffat, 39, endured torture-induced confessions and were remanded at Maula Prison for over two years for allegedly murdering Jekapu Gwaza—only to discover that Gwaza is alive and living in Mozambique.
Despite both the police and the families knowing the “victim” never died, no one has bothered to summon him to clear Moya and Moffat’s names. Even more shocking, their compensation claim has been stuck in mediation since May 2024.
Meanwhile, mob justice claimed another innocent life: a third suspect was burned alive by vigilantes convinced they were punishing a killer—of a murder that didn’t occur.
What’s their story?
On October 15 2020, Moya and a colleague—Thauzeni Masula, were attending mkangali, a Chewa traditional event at Kunthama Village in Traditional Authority Masula in Lilongwe District. The two were later joined by Gwaza, who came to sell fritters and had a good chat together. After the event ended, they parted ways.
The following day, Gwaza’s cooler bag was found within the village but he was nowhere to be seen and efforts to track his whereabouts proved futile; as such, after four days his relatives launched a search. Convinced that Gwaza was murdered, the relatives believed the suspects were Moya and Masuleni.
“On October 19 [2020], they [Gwaza’s relatives] found us at a drinking joint where they called us out and started questioning us about Gwaza’s disappearance. They felt we were not being honest that we never had a hand in his disappearance,” said Moya with tears in his eyes.
“They asked us to then accompany them to Nathenje Police Station so that we could record our statements. But they insisted that we murdered Gwaza.”
Unfortunately, in a horrific display of mob justice, the mob brutally burnt to death Masula en route to the police station.
With tears rolling down his face, Moya said the mob decided to burn Masula because he resisted to be taken to the police station. He said the mob perceived Masula’s resistance as a sign of guilt of the purported murder.
“I saw him [Masula] get burnt mercilessly for a mere accusation; for something that he never did,” he said while wiping tears from his cheeks.
“The mob wanted to cut my head after burning my friend. But they rescinded their decision because I did not resist and they took me to the police where I was remanded for five days. [No one reminded me about] my rights and I my relatives were barred from vising me.”
While at the station, Criminal Investigation Department (CID) officers recorded his statement and in subsequent days, faced all forms of torture to force him into a confession.
This included being ironed at the back and buttocks and being beaten with iron rods, metal bars, guns and pangas. Nation on Sunday was shown some of the scars.
Section 19 (3) of the Constitution prohibits any form of torture.
Moya could no longer endure the pain anymore and he confessed to the murder to escape the torture. He also signed a confession.
This meant he had to take the police officers to the site where he purportedly buried the body.
He said: “I was not in a normal mental state at the time. I took them [police] to a place I had guessed. After 30 minutes of digging, they found no body and angrily, they beat me and we went back to the police where I faced more torture.”
A day later, police summoned Moffat, who used to bring food for Moya at the police station. He was, however, not allowed to meet Moya. But police suspected he had a hand in the purported murder.
Moffat said: “I was arrested despite not ever being with Gwaza on the day of his disappearance. I was tortured just like Moya. I was beaten by guns and iron rods to the extent that my right hand middle finger no longer functions.”
Now that Moya signed a murder confession, the duo was taken to Nathenje Magistrate’s Court on November 5 2020 where their case was referred to the High Court in Area 3, Lilongwe. They were subsequently remanded to Lilongwe Prison, popularly known as Maula Prison.
But as time went by and as they were processing bail at the High Court with the assistance of the Paralegal Advisory Service Institute (Pasi), a relative to Moya met Gwaza in Mozambique and upon learning of the events back home, Gwaza sent a letter back to his parents, alerting them he was alive.
The letter, whose copy we have seen, informed his relatives he was still alive and not murdered as assumed. When the letter was taken to Nathenje Police Station, law enforcers suggested that both families travel to Mozambique to meet Gwaza.
A six-member delegation, comprising three from both sides, travelled to Mozambique where they met Gwaza and alerted police of the trip’s outcome.
“I wept thinking of the trauma I faced, especially seeing my friend [Masula] burnt,” said Moya, who failed to control tears from falling.
Similarly, Moffat said: “My life was taken away from me.”
Following the developments, the two—through their lawyer Tiyamike Chigoneka, filed for case discharge. On May 16 2023, the two walked to freedom when their case was finally discharged.
“But life has never been the same. My relatives were ridiculed back home. My children were referred to as sons and daughters of a murderer,” said Moya.
“My wife remarried. Everyone thought I was never going to be released someday,” he said.
Sadly, the people that burnt Masula were never arrested for his brutal murder.
Currently, Moya, who was a businessperson selling pork meat before the incident, does piece-work while Moffat continues with his bicycle taxi business. The communities where they lived welcomed them back.
Our efforts to speak to Jekapu’s mother, Nasiwachi Kadzakumanja, proved futile.
But Centre for Human Rights Education Advice and Assistance officer Lusayo Mulaga said in an interview there is need to reform Malawi’s laws to start criminalising torture.
“Nobody should be accorded torture of any kind. What needs to be done is to amend our laws, for instance, torture has to be included as an offence, as well as the Criminal Procedure and Evidence Code which doesn’t find torture as an offence,” she said.
On March 6 2024, Moffat and Moya through lawyer Alexious Kamangila filed summons before High Court Judge Kenyatta Nyirenda, demanding compensation.
The case has since been taken up by another lawyer, Tiyamike Chigoneka. In a telephone interview on Thursday, she said: “Our clients were held on remand for over two years without trial which is unlawful.”
A notice of mediation was filed on May 29 2024 and is yet to take place.
When asked about the delays, Judiciary chief corporate affairs and public relations officer Ruth Mputeni asked for more time to check.
When asked if the Independent Complaints Commission is aware of the matter, commissioner Christopher Tukula on Thursday said he needed time to check while National Police spokesperson Peter Kalaya did not respond to our request for comment during the week.
