MZUZU-(MaraviPost)-One of the country’s rights groups Mzuzu Youth Caucus has penned Chief Justice Rezin Mzikamanda to take action on prolonged detection of Activist Sylvester Namiwa’s despite state agrees to his bail application on treason charges.
The concerns come as Namiwa remains on remand at Maula Prison following his arrest three weeks ago.
In a letter the Maravi Post has seen signed by the Mzuzu Youth Caucus Chairperson Gomezgani Nkhoma and copied to Malawi Law Society (MLS) observes that prolonged detention of Namiwa is illegal.
“We write to you on behalf of the Mzuzu Youth Caucus, an advocacy platform dedicated to championing the rights, governance participation, and future of young people in Malawi.
“We are deeply concerned by the
ongoing delay by the High Court in delivering its ruling on the bail application for the Executive Director of the Centre for Democracy and Economic Development Initiatives (CDEDI), Sylvester Namiwa,” reads the letter in part.
The Caucus observes, “We strongly question the intention behind this prolonged delay, particularly because the State did not object to the bail application made by the defendants.
“In the absence of any prosecution objection, the continued detention of a citizen without a timely ruling is both unjustifiable and highly suspect. We wish to anchor our profound concern within the supreme law of the land.
The grouping adds further, “The current delay directly violates Section 42(2)(f)(i) of the Constitution of the Republic of Malawi, which explicitly guarantees every accused person the right to a fair trial, including a public trial before an independent and impartial court of law within a reasonable time after having been charged”.
“Furthermore, by indefinitely withholding a verdict on temporary liberty, the court is acting in contradiction to Section 18 of the Constitution, which enshrines personal liberty as an foundational right, and Section 42(1), which protects citizens from arbitrary detention”.
The Caucus states, “Regrettably, this is not an isolated incident with the presiding Judge. We wish to remind the Commission that this same Judge caused a similar, protracted delay in delivering a bail ruling sought by the Malawi Congress Party (MCP) Secretary General, Honorable Richard Chimwendo Banda.
“In that instance, the defendants were forced to seek the intervention of another court to secure his release. This recurring pattern of behavior is questionable and amounts to an abuse of power and professional negligence”.
While the Mzuzu Youth Caucus does not support premature or rushed judicial decisions, we firmly believe procedural pleas made by both parties.
Mr. Namiwa’s case reflects a systemic crisis within our legal structure. It mirrors thousands of unresolved cases across Malawi where citizens remain on remand for years without hope, clarity, or a future.
The maxim “justice delayed is justice denied” captures the exact predicament Malawians face today.
Furthermore, these unnecessary delays foster an environment ripe for corruption, which systematically dilutes the trust that the
people of Malawi and the Constitution have placed in the Judiciary.
The Judicial Service Commission holds the sole responsibility to ensure that the people of Malawi are served well, and that they receive timely, uncompromised justice. Your institution exists to maintain sanity, accountability, and discipline in the manner members of the judiciary discharge their duties.
The grouping observes further, “Take note that if this unwarranted delay persists, the Mzuzu Youth Caucus, exercising the rights guaranteed under Section 38 of the Malawi Constitution, will not hesitate to mobilize peaceful citizen solidarity and nationwide demonstrations to demand accountability, sanitization of the judiciary, and immediate justice for Sylvester Namiwa and all citizens held in judicial limbo”.
Appeals Nkhoma, “We urge your office to intervene immediately to ensure that this bail ruling is delivered without further delay and to address the growing culture of judicial complacency that undermines our democracy”.
