LILONGWE-(MaraviPost)-The Constitutional Court’s decision to strike down the law on criminal defamation has been hailed as a significant victory for advocates of liberal democracy in Malawi.
Legal expert Counsel Khumbo Bonzoe Soko took to his Facebook page to applaud the ruling, describing it as a major step in advancing constitutional freedoms and democratic values.
Soko emphasized that criminal defamation was a relic of Malawi’s pre-1994 constitutional order, a legal framework that was abandoned with the advent of multiparty democracy.
He argued that individuals who feel aggrieved by what others say or write about them should seek remedies through civil litigation rather than using criminal prosecution as a tool of repression.
“The Police should be left to do real police work,” Soko stressed, highlighting the urgent need for law enforcement to focus on combating violent crimes rather than acting as speech moderators on social media.
He specifically mentioned the recent wave of criminal activities in Lilongwe’s Area 25, where residents have been living in fear of thugs, as a more pressing priority for the police.
Soko congratulated Justice Chifundo Mbele and senior legal practitioner Gilbert Khonyongwa for their critical role in shaping the court’s decision and contributing to the development of Malawi’s constitutional jurisprudence.
However, Soko was quick to caution the public against misinterpreting the ruling as a free pass for reckless speech.
He reminded Malawians that civil defamation laws remain in force and can have severe financial consequences for offenders.
“The courts can issue monetary awards compensating victims of defamation running into millions of Kwachas,” he warned, underscoring the potential risks of irresponsible online conduct.
Soko humorously advised social media users to steer clear of inflammatory or defamatory content, quipping, “If you have nothing useful to write, write about mabilinganya. At least mabilinganya won’t sue.”
The Constitutional Court’s landmark ruling represents a progressive shift toward greater freedom of expression, aligning Malawi with democratic norms that respect open debate and media independence.
Nonetheless, the judgment also reinforces the principle that freedom of speech must coexist with responsibility and respect for the rights of others.
As Malawi celebrates this milestone, the balance between expression and accountability remains a critical conversation for citizens, policymakers, and the judiciary.
