LILONGWE-(MaraviPost)-The country’s Civil society organisations under the National Advocacy Platform (NAP) have called for the immediate release of human rights defender Sylvester Namiwa, who has been arrested, charged and remanded to Maula Prison pending committal proceedings before the High Court.
In a joint statement issued on Tuesday,NAP Chairperson Benedicto Kondowe and National Coordinator Baxton Nkhoma said Namiwa’s arrest raises serious constitutional concerns regarding personal liberty, due process and protection of lawful expression.
Namiwa is facing charges of treason contrary to Section 38(1)(a) of the Penal Code and publication of false news likely to cause public fear and alarm contrary to Section 60(1) as read with Section 34 of the Penal Code.
The CSOs said while they recognise the role of law enforcement agencies in investigating alleged crimes and the courts’ mandate to determine criminal liability, the case must be handled in accordance with the Constitution, judicial independence and the rule of law.
They emphasised that every accused person has the right to liberty, dignity, legal representation, a fair hearing within a reasonable time and the presumption of innocence until proven guilty.
The organisations also echoed the concerns raised by the Malawi Human Rights Commission, which has called for Namiwa’s immediate release, saying constitutional safeguards must be respected when exercising State power.
According to the statement, the charges against Namiwa are linked to his public statements and press briefings in which he raised issues of transparency, accountability and alleged corruption involving some public officials.
The CSOs have since urged the Director of Public Prosecutions (DPP) to urgently review the matter and consider discontinuing the prosecution in the interest of justice.
They further called for independent, thorough and impartial investigations into the allegations raised by Namiwa, arguing that the truth should be established through lawful investigations rather than prosecuting the person who brought the issues into the public domain.
The organisations warned that should the State continue with the prosecution, all proceedings must be conducted without political interference, intimidation or selective application of the law.
They said the case has now gone beyond an individual matter and represents a test of Malawi’s commitment to constitutional democracy, human rights, civic space and the rule of law.
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