Politicians and civil society activists have faulted the State for alleged abuse of the Electronic Transactions and Cyber Security Act to silence critics.
The National Advocacy Platform (NAP) and opposition Democratic Progressive Party (DPP) expressed the sentiments in reaction to the arrests of Rumphi North East legislator Kamlepo Kalua, human rights activist-cum-comedian Bon Kalindo and Livingstonia CCAP Synod cleric Kondwani Chimbirima Gondwe of Zolozolo congregation in Mzuzu for allegedly producing electronic materials with potential to disturb peace of the country.
The three are facing charges of publishing false information that has the potential to cause public alarm and produce offensive communication. The voice notes are said to be commentaries on the June 10 2024 plane crash in Mzimba that claimed the lives of former Vice-President Saulos Chilima and eight others.
Kalua was released on police bail on Monday, Kalindo walked to freedom on Tuesday while Gondwe is still in custody, but he is expected to appear before court in Lilongwe today when the defence is expected to apply for bail.
In a statement issued on Tuesday, NAP chairpeson Benedicto Kondowe said the arrests constitute a blatant violation of fundamental human rights, undermining the rule of law and the integrity of the country’s justice system.
“The arrests, conducted under the Electronic Transaction and Cyber Security Act of 2016, misuse this law to infringe upon constitutional rights to freedom of speech, expression, and opinion,” reads the statement in part.
NAP also wondered why the suspects were being transferred from places of arrest to Lilongwe and elsewhere, arguing the conduct of the police made it difficult for the suspects to be easily reached by their lawyers and families, thereby causing distress.
NAP has since called for urgent review of the Electronic Transaction and Cyber Security Act on which the arrests are premised, saying the law is being abused to stifle dissent.
In a separate statement, DPP spokesperson Shadric Namalomba said the party demands the release of Gondwe from police custody, adding there should be no more arrests of social media activists and religious leaders.
“We demand total freedom of expression without fear of arrests, intimidation and torture,” reads the statement.
The DPP has further called on all local and international governance and human rights stakeholders to boldly stand up in defence of democracy and human rights.
But National Police spokesperson Peter Kalaya, in a separate interview, said the suspects were arrested following the materials that they produced.
However, he said the police do not want to be seen to be resolving the cases through the media.
On why some suspects were being taken to court while Kalua was granted police bail, Kalaya said police are still conducting investigations on Kalua and when the process is concluded, he will appear in court.
He further said people should not mix the three cases, as Kalua, Kalindo and Gondwe have different case files, were arrested on different dates and locations.
Meanwhile, Lilongwe principal resident magistrate Roderick Michongwe on Tuesday released Kalindo on among other conditions that he should be his own surety, should not be involved in disturbing peace and should avail himself before court when needed.
Kalindo’s lawyer Khwima Mchizi hailed the court for releasing his client on bail, saying the State already violated the 48 hour rule by holding him for five days.
“He has the right to bail. My client is just an accused person in all cases that are before court and he has been honouring bail in other cases,” said Mchizi.
During Chilima’s funeral service at Bingu National Stadium on June 16, President Lazarus Chakwera said given circumstances of the accident, people were bound to say a lot of things, but said there should be no consquences as “namalira samutseka pakamwa”.
On the other hand, Malawi Human Rights Commission (MHRC) director of civil and political rights Peter Chisi said the law was being abused by the State to pounce on political and rights activists.
Reacting to the concerns in yesterday’s edition of The Nation, Minister of Information and Digitisation Moses Kunkuyu said government appreciates and values the importance of upholding fundamental human rights, including the freedom of expression.
He said citizens were free to express themselves on any law they deem retrogressive and suppressive.
The Act in question criminalises offences related to computer systems and information and communications technologies, but also provides for investigation, collection and use of electronic evidence, among others.
The Act also restricts online communications to protect public order and national security. It also penalises offensive communication with fines or a maximum 12-month prison sentence.
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