The conversation was made on this forum
* Charged with cyber harassment contrary to Section 86 of the Eletronic Transactions and Cyber Security Act of 201
* Everyone has the right to freedom of opinion and expression
* But it is incumbent upon everyone to behave responsibly and respect other people’s rights
* The language as used on the Whtsaapp group shouldn’t have been used by a 39-year-old
* Surely we can criticise but we should be reasonable and have a human face
By Duncan Mlanjira
There is a public outcry following the arrest of Chidawawa Manje, a nurse at Ntcheu District Hospital over cyber harassment, who has been discovered to have insulted President Lazarus Chakwera and the First Lady through a conversation on a DPP Rebranding WhatsApp group.
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A statement signed by national police deputy public relations officer, Inspector Harry Namwaza says Manje used obscene and unprintable words and charged him with cyber harassment contrary to Section 86 of the Eletronic Transactions and Cyber Security Act of 2016.
The statement further says the Police takes cognizance that “everyone has the right to freedom of opinion and expression but it is incumbent upon everyone to behave responsibly and respect other people’s rights”.
The arrest has been received with mixed reaction on social media, with Gift Mandowa hinting that “Whatsapp is a closed group and the one who made the screenshot viral needs to be arrested instead” while Austin Mtukula asked why Manje has been “arrested for freedom of expression”, substantiating without proof that Americans do insult their President Joe Biden.
Calisto Mwepetha said: “Malawians, ask yourself who was once arrested for freedom of expression? This male nurse went overboard and how will nurses organisation assist him with this kind of behavior?
“They are also affected, can one of their own utter those obscene words to his relative and stay quite?” he asked before he realised that the National Organization of Nurses and Midwives in Malawi (NONM) announced its intention to call for a nationwide strike if the police will not release Manje.
NONM president, Shouts Simenza told Zodiak Broadcasting Station (ZBSNews) that they are following the matter with keen interest, saying failing to release him, the body will call its members to stay away from work to show solidarity with Manje.
But Penjani Munthali was of the opinion that the arrest of Manje was because of a personal mistake, and not to do with NONM, asking why they should call for a strike?
“If it was a mechanic, so all the mechanics should go on a strike?”, he asked and wondered if NONM sent him to issue the insults. “I thought this is personal — why connecting ndi za ntchito school me here, am lame.”
Yafeti Kanyinji asked if Manje expressed his views in such a manner as representing nurses, asking “did he talk on a nursing forum? Are nurses allowed to talk obscene language in this country?”
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Mayamiko Liwonda said in his view, the language as used on the WhatsApp group shouldn’t have been used by a 39-year-old, saying “surely, we can criticise but we should be reasonable and have a human face”.
Juliet Phineas said “freedom of expression has limits” and that stressed that insulting the President is a crime as the country’s Constitution protects the name of the President and national emblems”.
The debate raged on prompting Ramson Makhalira to ask what it was that warranted hurling insults to the President instead of just talking substance, saying “don’t you know that you can express your freedom of opinion without insulting?”
President Chakwera
To which Mwinimadzi Francis agreed by saying that “freedom and rights go hand by hand with responsibility. So, my fellow Malawians, be responsible when exercising your rights/freedoms”.
Gift Kuchona emphasized that “insulting anyone [and not just the President] is a crime punishable by law. Just don’t take things for granted although sometimes one can get away with it” with Chipiliro Lackson advising the public to “use social media wisely and responsibly. We have laws now which are safeguarding the social media.”
Yankho Somanje summed it up that this case is an opportunity for the public to learn of how to tread carefully on social media, saying this “is an opportunity for the courts to interpret the law and determine the limits of rights and responsibilities”.
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