
By Duncan Mlanjira
Malawi Law Society has clarified views expressed in the media that suggested that the Society defended the action of the Police after it effected the arrest warrant for three Human Rights Defenders Coalition (HRDC) — Rev. MacDonald Sembereka, Gift Trapence and Timothy Mtambo — at the direction of political leaders of the Democratic Progressive Party (DPP).

HRDC leadership
In a statement issued on Tuesday (March 10) was reacting to the views expressed in the Nation newspaper of 10th March 2020, saying the said sentiments were made to confirm that the Malawi Police Service has the power under section 124 of the Penal Code to arrest any person who incites another to commit an offence and were never in support of the present arrests.
“The correct position of the Law Society on the subject matter is as expressed in the present Statement and in its statements of 14th May 2019, 12th July 2019, 3rd August 2019, 20th October 2019 and 20th February 2020 and [it] DOES NOT defendant arbitrary arrests.

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“The Law Society reiterates the call for the Malawi Police Service to act professionally and independent of the interference of any person as required by the law.
“The Law Society further reiterates its earlier call to all citizens that wish to exercise their rights to do so within the confines of the law,” said the statement.
As a background, the Law Society says: “In exercise of its statutory mandate under section 64 of the Legal Education and Legal Practitioners Act ‘to protect matters of public interest touching, ancillary or incidental to law’ and noting the growing civil unrest in the country since 27th May 2019 and following resolution at the General Meeting of its membership held on 17th October 2019 at Sunbird Lilongwe Hotel delivered a Statement on 20th October 2019 in which the Society categorically stated:

The rally at Njamba
“THAT any form of violence and all forms of violations of other human rights by whosoever involved should be and is hereby condemned in the strongest terms.
“Specifically, MLS therefore unreservedly condemned the reported attacks on the person or property of Mr Timothy Mtambo, Mr Billy Mayaya, Mr Moses Kunkuyu, and the arson over the MCP Regional offices in Blantyre, DPP Offices in Mzuzu and Ntchisi.

Mtambo
“We condemned the killing of Superintendent Imedi at Msundwe and the reported invasion of private homes and alleged harassment of women and suspects at Msundwe, Mbwatalika and Mpingu and the reported attacks on military personnel in Karonga as well as the reported violent treatment of citizens by military personnel in Karonga and Mangochi.
“THAT we therefore call upon the Malawi Police and the Human Rights Commission as constitutional bodies endowed with such responsibility to thoroughly investigate and publicly report on each and every reported violation of human rights in the aftermath of the presidential election results announcement.

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“We further call upon the Malawi Police and the Defence force of Malawi to responsibly and professionally ensure protection of public safety, protection of the rights of all persons and preservation of the constitutional order in the Republic.
“THAT we called upon all the political leaders and addressees to our letter of 12th July 2019 to carefully consider and receive proper advice on the long term legal consequences of their inaction or failure to take control of their proteges and the level of their possible personal responsibility should the nation descend into more violent chaos in the event of political players failing to abide by the outcome of Constitutional Cause No. 1 of 2019 at the High Court Lilongwe District Registry.

President Mutharika arriving at Njamba for the
rally
“THAT we called upon all members of the public, including those freely and peacefully pursuing rights and freedoms under the Constitution, to desist from the tendency and temptation to assume legal correctness of their perspective on any legal issues but to seek sound guidance aimed at building the nation in terms of the constitutional tenets of mutual respect and tolerance adopted by the people of Malawi under the 1994 Constitution and that our differences will be resolved through the judicial system not through violence and/or instilling of fear in others or violation of human rights.”
On the condemnation of political interference, the Society says it re-iterates these sentiments and regrets the position taken by the State President and DPP leaders at the rally held on Sunday, 8th March 2020 at Njamba Freedom Park immediately prior to the arrest and subsequent detention of Trapence and Rev. Semberaka.

DPP’s Charles Mchacha making a speech
“The political sentiments and immediate arrest of the two clearly reflects political interference by the state in the operations of and lack of independence the Malawi Police.
“The Law Society therefore unreservedly condemns this political interference in the operations of the Malawi Police and calls upon the Malawi Police to always immediately release the two and act independently and professionally.
“The Society maintains its position in its statement issued on 20th February 2020 that following the judgment of the High Court in the Constitutional Case Number 1 of 2019, all stakeholders must respect the judgment unless otherwise dealt with by the Supreme Court.
“And that all individuals and/or government agencies must give effect to the judgment responsibly and in accordance with the applicable laws and the terms of the judgment itself while avoiding any acts or conduct that may create room for interference with the implementation of the judgment.
“In this regard, the Law Society strongly condemns the approach adopted by the Democratic Progressive Party leadership at its Njamba Rally and calls upon upon all political players to avoid the inflammatory language as was employed at that rally,” said the statement signed by the Society’s chairman, Burton Mhango and Hon. secretary Martha Etta Kaukonde.