BLANTYRE-(MaraviPost)—Police on Sunday released controversial Deputy Commissioner General of Malawi Revenue Authority (MRA), Roza Mbilizi, who was arrested last Friday in connection with the importation of duty free cement worth K3.2 billion and other illegal deals at the tax collecting body.
Reports indicate that the decision to release her is in line with Section 42(2), paragraph (b) of the Constitution of the Republic of Malawi provides which reads: “Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right— as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released.”
However, Professor of Law at Chancellor College, a constituent of the University of Malawi, Edge Kanyongolo has noted a faulty interpretation of the section, arguing the law does not provide for the release of the arrested suspect at the expiry of 48 hours.
“The 48 hour rule does not say that you should be released within 48 hours. Rather is says within 48 hours you must be released OR be taken to court to be charged/told the reason for your continued detention. In the latter case the court might order that you continue to be remanded in custody,” argues Kanyongolo.
Another political activist Negracious Justin has demanded an explanation on the same from the Minister of Home Land Security.
Justin, who is also a Director of Communications and Public Relations of the Citizens for Transformation (CFT) movement, says the release of Mbizi is unlawful and corrupt and smacks of taking the public outcry for granted.
“Because we believe we have a right to see to it that justice is done as expected, we demand a clear explanation from the Minister of Home Land Security, under whose authority the police is designated, to tell the nation why Ms. Mbilizi was released as such from police custody.
“If this Government thinks the mission of fixing this country can be sold, I am here to affirm that they have taken a wrong calculation. We must know which “above” ordered the release of this suspect,” wrote Justin on his official Facebook page which he operates under the name LordDenning QB.
