Posts
Monday, October 15, 2012
For immediate release
The Malawi Chapter of the Media Institute of Southern Africa (MISA)
is shocked and deeply saddened with the detention of journalist Justice
Mponda who was arrested in Blantyre, Southern Malawi, in the early hours
of Monday, October 15, 2012 for allegedly insulting President Joyce
Banda and Publishing False Information.
Mponda works as a correspondent for an online publication, Malawi Voice. But it is not yet known which
articles Mponda has been arrested for.
The police have kept a tight lid on the arrest. Southern Region Police
Publicist Nicholas Gondwa asked for more time to get information on
the arrest and Limbe Police Station - where Mponda was being kept, referred
MISA Malawi to Gondwa.
Our investigations show that Mponda has been charged with three (3)
counts: Insulting the President, Publishing False Information and Criminal
Libel and has since been transferred to the Capital Lilongwe, 340 kilometers
from his home.
Reports are rife that the arrest is based on the Journalist’s articles
in the Malawi voice, an online publication most people brand as unprofessional
and blacklisted by the Banda administration.
MISA Malawi considers the arrest and treatment of Mponda as unconstitutional
and retrogressive for Malawi's nascent democracy.
The arrest of Mponda is based on outmoded pieces
of legislation enacted during the colonial era to suppress dissent and
promote colonial superiority. Among others, Mponda has been charged with insulting the president based on
the Protected Names, Flag and Emblems Act, a law which is archaic and
retrogressive for our country.
It is important to note that in any democracy,
free speech is paramount and affords the citizenry, including the media, a chance to debate and shape public
opinion. Without free speech, the media cannot effectively perform its
watchdog role and check abuse of power and safeguard democracy. That
is why MISA Malawi has been in the forefront campaigning for repeal
and review of laws that restrict free speech, such as Criminal Defamation
and the Protected Flags, Emblems and Names Act, which have both been
used to arrest Mponda.
We have brought these laws to the attention of relevant authorities and reiterate our plea for their urgent review. In fact, that some of these laws - Protected Flags, Emblems and Names Act for example, still quote a fine to be paid in Pound Sterling (1000 Pounds, about Mk480, 000) and not in Malawi Kwacha supports the fact that the laws remain stuck in the repressive colonial era and proves the urgency with which legal reforms must take place in Malawi, forty-eight years after independence.
We have brought these laws to the attention of relevant authorities and reiterate our plea for their urgent review. In fact, that some of these laws - Protected Flags, Emblems and Names Act for example, still quote a fine to be paid in Pound Sterling (1000 Pounds, about Mk480, 000) and not in Malawi Kwacha supports the fact that the laws remain stuck in the repressive colonial era and proves the urgency with which legal reforms must take place in Malawi, forty-eight years after independence.
Several other laws of this nature and age exist in Malawi; the Official
Secrets Act (1913), the Printed Publications Act (1947) and the Censorship
and Control of Entertainment Act (1968). We commended government for
repealing Section 46 of the Penal Code - which empowered the Minister
of Information to ban any publication deemed not to be in the public
interest, as defined by the minister, but at the same time requested
a critical look at other laws that negate on the Constitutional guarantee
to free speech and media freedom as provided for under Sections 35 and
36 of the Constitution.
Archaic laws have no role to play in a democracy and we call upon
government to desist from implementing them and dragging the country
to the colonial era.
We are also shocked and disturbed with the conduct of the police who
have transferred Mponda 340 kilometers away from Blantyre to Lilongwe,
Malawi's Capital. This is torture and a clear demonstration by the law
enforcers that they are not through with investigations and taking deliberate
steps to subject Mponda to mental and physical torture. Government has
all the resources at its disposal and clearly capable of keeping Mponda
in Blantyre. Subjecting Mponda to mental and physical torture is unconstitutional
and should not be condoned in our day and age.
We have hope in the leadership of Mrs. Joyce Banda and strongly encourage
overzealous cohorts to desist from making decisions that would ruin
her administration and tarnish the good image her administration has
tried hard to build.
We call upon the authorities to investigate the matter thoroughly
and release Mponda on bail within the required 48 hours. We also appeal
to the Police to desist from subjecting Mponda to further mental and
physical torture.
We have always supported a win-win relationship between the media
and government and strongly appeal to authorities to engage relevant
bodies such as MISA Malawi and the Media Council of Malawi (MISA) whenever
disagreements arise between government and the media. Arresting journalists
will only tarnish the image of the government and ruin the benefits
of dialogue. Only dialogue between government and the media would provide
a more enabling environment for media freedom, freedom of expression
and ultimately citizen empowerment.
Signed
Signed
Anthony Kasunda
MISA MALAWI CHAIRPERSON
