LILONGWE-(MaraviPost)-The country’s civil rights group Centre for Democracy and Economic Development Initiatives (CDEDI) is demanding accountability from authorities on Chinese company’s employees for torturing local in Chikwawa.
The demand comes after CDEDI busted a syndicate where the State (police prosecutors) connive with medical personnel to issue medical reports with intent to influence outcomes of criminal cases for personal interest, thereby derailing the wheels of justice.
This development seems to have given a blank cheque to foreign nationals to torture, exploit and reduce locals to second-class citizens right on their soil.
Addressing the news conference on Thursday, December 12, 2024 in the capital Lilongwe, CDEDI Executive Director Sylvester Namiwa appeals to Malawians working for foreign nationals to report and refuse to be treated in a manner that takes away their dignity as human beings.
“CDEDI would like to cite some horrific acts that happened on April 14, 2024 at Sino-Hydro premises, a Chinese company involved in the Shire
Valley Transformation Project in Chikwawa District, where 15 Chinese beat up Siraj Maliwa, a Malawian working as a pay loader operator, with metal bars,
leaving him for the dead.
“Maliwa was suspected of stealing diesel from a pay loader. After it became apparent that Maliwa had lost consciousness, the mob carried him, while in a pool of blood, from ‘a makeshift cell’ at the site office and
dumped him in a nearby bush where he was found by a passer-by, who notified the police, leading to Maliwa being taken to Chikwawa District Hospital where he regained consciousness”, narrates Namiwa.
He explains further, “Two days after the incident, police only arrested two of the 15 alleged suspects, namely Allen Cheng and Peng Y-Onqia.
“According to Maliwa, those who molested him included Gine, Ohigia, Chen, two of the camp site’s security officers, a concrete dispenser operator, a mechanic,
two welders, a cook, an electrician and a laboratory technician”.
Meanwhile, Maliwa has appeared before Senior Resident Magistrate Bayisonie Masonga twice in five months—on 20th May, 2024 to answer criminal charges and on 10th September for a civil case. This smacks of a clear case of prior case conferencing on the part of the State.
Namiwa adds, “Ironically, after spending almost three weeks on a hospital bed, the medical report that the State tendered in court as part of evidence in case number 445 between Siraj Maliwa and Sinohydro and 15 others, dated August 7, 2024, indicates that Maliwa was admitted on 14th April and discharged on 26th April 2024 with soft and connective injury.
“Contrary to the contents of the aforementioned medical report, Maliwa is now disfigured after he was pierced with a sharp object on the left leg, close to the
knee. A heat producing object was also used on his left hand”.
Maliwa, currently, feels excruciating pain in the left part of the ribcage as a result of the merciless beating.
CDEDI has it on record that an unidentified officials at the Chinese Embassy visited Maliwa at the hospital where they offered to take him to a private hospital in Blantyre, but he refused.
In view of the incident, CDEDI plans to write the Medical Council of Malawi to help make sense out of this matter.
“According the criminal case number 458 of 2024, which is for the Republic against Allen Cheng and Peng Y-Ongqia, Senior Resident Magistrate Bysonie
Mashonga, on 20th May, 2024 convicted the two and fined them K500,000 each, K450 000 being compensation to the victim, and K50,000 for the State.
“In view of this court case, CDEDI plans to engage the Judicial Service Commission (JSC) to establish if this case file was presented to the High Court for confirmation”, says Namiwa.
Meanwhile, Senior Resident Magistrate Masonga is yet to rule on the civil case.
“CDEDI wishes to remind foreign nationals residing and working in the country, notably those from China, that the country’s laws prohibit mob justice.
“Secondly, we also wish to remind the Chinese that the Malawi-China diplomatic ties are premised on mutual respect of the people of the two countries. But the Chikwawa incident speaks of a different taste of mutual respect,” says Namiwa.
CDEDI exposes, “From our independent investigations, the most of the 13 suspects who molested Maliwa are walking freely at Kasisi in Chikwawa while some Chinese are suspected to have fled the country”.
Namiwa demands, “In the spirit of transparency and accountability, CDEDI hereby demands the following; Police to immediately arrest the rest of the suspects.
“The Chinese Embassy to bring back to Malawi those suspects that are at large, make a public apology, and ensure that Maliwa is compensated accordingly”.
He appeals further, “The Director of Public Prosecutions (DPP) to commence a fresh case against Allen Cheng and Peng Y-Ongqia, so that they get a deterrent custodial sentence from indulging in barbaric conduct.
“The JSC to invoke its powers and reign over this matter since its ruling is as good as giving a blank cheque to foreign nationals to be torture or even killing the locals as long as they have the money to pay fines”.
Demands CDEDI, “Medical Council of Malawi to probe the said medical report. Needless to remind all and sundry that everyone is presumed innocent until proven guilty by a competent court of law. Therefore, corporal, let alone, mob justice has no space in modern day Malawi.
“For argument’s sake, can a Malawian, here in Malawi or in China, beat up a Chinese and just get fined? Your guess is as good as ours”.
Namiwa therefore challenges Chinese Embassy Malawi Office, “We hereby give the Chinese Embassy, the Chikwawa Police, the DPP and those directly connected to the Chikwawa incident, seven
(7) days to comply with our demands above.
“Failure to do so will leave us with no choise, but to mobilise locals in Chikwawa to seal the Kasisi Sino-Hydro camp site office until the demands are met”.
Chinese Embassy in Malawi is yet to comment on the matter.
