The cyber crime law in Malawi, governed by Section 86 of the Electronic Transactions and Cyber Security Act, has been enacted to combat online offenses and protect citizens from harm.
This law was designed to safeguard Malawians from the growing threat of cybercrime, providing law enforcement agencies with the necessary tools to investigate and prosecute offenders.
However, in recent times, some overzealous police officers have exploited this law to further their personal interests, often at the expense of vulnerable individuals.
This trend has raised concerns about the misuse of power and the victimization of the less privileged in society.
The Malawi Police Service, as mandated by the Police Act, has a duty to protect citizens, not to use the law as a weapon to silence critics and further personal interests.
Triphonia Mpinganjira, a prominent figure, has been a victim of online impersonation and scamming, with individuals using her name and likeness on Facebook to defraud unsuspecting Malawians.
In March 2025, police arrested Amos Charles and Joel Salanda for using her name and likeness on Facebook to scam people.
Another individual, Feston Kenneth, was previously arrested in 2024 for similar impersonation and was later released from prison in March 2026 following a presidential pardon. Mpinganjira has since deactivated her Facebook account to protect the public from further fraud.
The case of Jones Gadama, a young activist, highlights the misuse of the cyber crime law, as he was arrested for allegedly posting inflammatory comments on social media.
Gadama claimed he was framed by police officers who wanted to silence him, and he was arrested in Blantyre and taken to Lilongwe Area 30 Cyber Crime department for questioning and detention, before being released on bail.
The management of The Maravi Post, where Gadama works, wrote a letter protesting his arrest and detention, highlighting concerns about the abuse of power and the victimization of journalists.
The case against Gadama was eventually withdrawn, but not before he had suffered significant hardship and intimidation.
This case illustrates the dangers of allowing powerful individuals and police officers to exploit the law for personal gain.
The cyber crime law, meant to protect citizens from online harm, has become a tool for victimizing the vulnerable.
The lack of accountability and oversight has emboldened some officers to use the law with impunity, further eroding trust in the justice system.
The Malawi Police Service must take immediate action to address this abuse of power and ensure that the cyber crime law is used for its intended purpose.
As a matter of legal opinion, Section 44 of the Constitution of Malawi guarantees the right to freedom of expression, which includes the right to communicate and impart information without interference.
The cyber crime law must be applied in a manner that respects and protects this right, and not used to stifle dissent or silence critics.
Personally, I believe the Malawi Police Service needs to urgently review its procedures to prevent the misuse of the cyber crime law. It’s crucial for maintaining public trust and upholding the constitution.
Furthermore, the Malawi Police Service should establish clear guidelines and protocols for the application of the cyber crime law, ensuring that it is used cybercrime laws to protect citizens, not to silence them.
The government should also provide training and resources for police officers to effectively investigate and prosecute cybercrime cases, while respecting the rights of citizens.
In addition, there is a need for greater transparency and accountability in the application of the cyber crime law.
The Malawi Police Service should establish an independent review mechanism to investigate allegations of abuse of power and ensure that those responsible are held accountable.
The international community and local civil society organizations must also play a role in holding the government accountable for its actions.
The people of Malawi deserve a fair and just society, where the rights of citizens are protected and respected.
In conclusion, the abuse of the cyber crime law is a serious issue that requires immediate attention.
The Malawi Police Service must take urgent action to address this abuse of power and ensure that the cyber crime law is used for its intended purpose.
The people of Malawi demand justice, and it is time their leaders delivered.
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