Public expects official apology from AG himself not through MISA Malawi over arrest of journalist Gregory Gondwe

Others demand that the best apology from the AG is to resign from his position

* What he ordered the police to do was not a blunder but a planned masterpiece to muzzle the press

* MISA Malawi’s duty was to caution him and ask him to issue public apology

By Duncan Mlanjira

MISA Malawi issued a statement on Wednesday indicating that the Attorney General (AG) Thabo Chakaka-Nyirenda has apologised for the arbitrary arrest of journalist Gregory Gondwe and confiscation of his electronic gadgets.

However, the public expects the apology to come from the AG himself while others demand that the best apology is to resign from his position — saying what he ordered the police to do was not a blunder but a planned masterpiece to muzzle the press.

Gregory was arrested on Tuesday in Blantyre and was detained for over six hours over a story his Platform for Investigative Journalism (PIJ) published on March 30 which reported that the AG’s decision on government’s contracts with businessman Zuneth Sattar, who is under the Anti-Corruption Bureau (ACB) investigation.

A statement from MISA Malawi chairperson, Teresa Temweka Ndanga said they engaged Chakaka-Nyirenda to a meeting in his office at the Capital Hill in Lilongwe on Wednesday where he is reported to have apologized.

Ndanga, who was accompanied with her vice-chairperson Mandy Pondani, national director Aubrey Chikungwa and PIJ journalist Golden Matonga, said the AG also made a “commitment that the government will repeal or review some archaic laws that restrict media freedom, freedom of expression and violate right to privacy”.

“The laws in question include sedition laws and sections of Protected Flag, Emblems and Names Act which are usually used to punish government critics and are inconsistent with the Constitution of Malawi which guarantees freedom of opinion, freedom of expression and media freedom.”

Upon his release, the police still kept in custody Gregory’s computer and phone which they had confiscated at his office and kept the private gadgets overnight before returning them on Wednesday morning (April 6).

MISA Malawi maintains that the confiscation of the private gadgets raises Gondwe’s privacy concerns, saying “Section 21 of Malawi’s Constitution provides that every person shall have the right to personal privacy”.

The AG, using the police are forcing and intimidating Gregory to disclose the source of a document which PIJ used in the story published on March 30.

“Forcing a journalist to reveal sources of their information is against the protection of legally privileged information and whistle blower protection provisions of the Access to Information (ATI) Act.

“It is unfortunate that we are retrogressing instead of defending and building our nascent democracy,” said Ndanga in her statement.

In his own words after his release, Gregory indicated that the AG had reached out to him after the story was published demanding to know his source and as he refused to disclose, he was threatened of being arrested.

Thus the police action did not surprise him and while he complied to their demands his biggest concern was that the law enforcers had harassed his younger sister as they tracked Gregory’s whereabouts.

But all the while, Gregory was not a fugitive and the police seemed to know of where to find him at his PIJ offices in Blantyre where he is the managing director.

Gregory himself reveals that the police read him his Miranda rights that he was under arrest; and you have the right to remain silent; that anything you do or say shall be used against you as evidence in court.

But outgoing police public relations officer, James Kadadzera contradicts his fellow senior officers by issuing a statement that Gregory was not arrested but invited for an “interview on the ongoing investigations police are conducting regarding an online news story published by PIJ and other related issues”.

Despite being released on police bail, Kadadzera still maintains that Gregory was invited for an interview — that he was not arrested.

Commenting on Facebook, people expects the apology to come from the AG himself and implores on Gregory to sue the AG and the police for the arrest.

One commentator censured MISA Malawi for become the AG’s mouthpiece, saying “choncho aleke kukutolani atolankhani inu do you expect to be respected for doing this? Your duty was to caution him and ask him to issue public apology not what you have released.”

Others suggested that the AG should resign with Mfune Inno indicating that Chakhaka-Nyirenda surely was aware of his actions.

Others suspect that the AG may not be acting alone with Vasco Green saying the saga sorrounding Gregory is “an eye opener of who benefited from Sattar”.

“It is no longer a secret that those that have benefited from Sattar are high top officials,” he said. “The AG is undoubtedly suspicious in his dealing — when he was terminating contracts he came openly but paying Sattar’s company he kept it a secret then later went on to arrest our brave journalist for revealing those details.”

He hinted that the AG seems like he is frustrating the ACB’s work, saying “if [President Lazarus] Chakwera is really geared to fight corruption, then he should fire the AG unless if he has/is benefitting from Sattar”.

“It is a shame that those we once trusted to fight corruption are now the fathers of corruption. When hospitals have no medicine, the AG is paying Sattar huge sum of monies. When everything seems to not be working, Sattar is still comfortably enjoying taxpayers money!”

Axon Sizali was incredulous that the corruption saga sorrounding Zuneth Sattar has affected all arms of government while Kayson Mhone suggested that the AG should have professionally engaged Gregory in order to address the issues that PIJ raised.

While the public demand an official statement directly from the AG’s office to show that “he’s truly apologetic”, Gift Mwase also hinted that the Minister of Information or that of Homeland Security “must come out and apologise for the piteous behaviour they did in handling Gregory and PIJ”.

“This threat to the very foundation of our democracy is totally uncalled for. Also this Chakaka guy probably felt the pressure to apologise because he insinuated criminal offences earlier on in relation to what PIJ published and the police may have acted accordingly. It could be squarely on him.”

Edward Chiwaya observed that the AG “is unprofessional” and must resign since there are other capable people in this country “who can perform much better than him”, saying “this is total abuse of power”.

Macsensio Nkhoma said: “We have been crying that we should put youths in important decision making positions but am worried as some youths who have been offered these positions are behaving worse than old guards. You are setting a very wrong precedent to the youthful generation, gentlemen and ladies.”

Frederick Mwendera hinted that if the AG and the rest of the government machinery “cannot explain to the nation why those payments were done in secret and still not wanting to disclose anything about it, this apology [coming through MISA Malawi] makes no logical sense and very ironic. It’s a great betrayal to the suffering taxpayers.”

Kapiza Aziel implored on Gregory “to file government, Malawi police and Attorney General to open defamation case against them and demand compensation”.

He observed that PIJ exposed an impunity happening in the Government system and was incredulous that a sound minded AG “could instruct the police to arrest such an important person”.

Hopeson Kaguwa suggested that “it’s high time the police started analysing some orders and learn to reciprocate to their masters if it’s law or unlawful to continue with it. Police should understand their jurisdictions and be professional not rude to such such orders.”

Asante Mtalimanja expressed concerns of Gregory information privacy as contained in the gadgets that were confiscated overnight in his absence, asking the disturbing question that didn’t the police delve into the computer and phone?

“If they did, then the apology means nothing because they still did zomwe amafuna which wasn’t right,” he said.

Zinaumasiya Chanza concurred, adding that “apology or no apology, the obvious thing is that the mission had successfully been executed. Remember, very clever guys in town played around with the gadgets all night through. If there is anything they didn’t gotten, then it was out of their wish.”

Others advised Gregory to take extra care in using the gadgets that were returned to him while Nyirenda Wisdom hinted that the government should expect to pay huge sums of money as compensation.

“You’ve damaged his reputation, wasted his time, embarrassed him to the public by taking him and his gadgets right from his office/house. Mistreated his sister etc. Police and AG will have to face the consequences by paying Gondwe serious compensation.”

Gift Mark Loppah said: Things are becoming scary now. We had all the hopes that Malawi would be freed at last, but ney, it is now under siege, more than before. Otiolotsa aja ayambanso kutitafuna!”

Patrick Makowa urged the government to allow journalists to “exercise their freedom whenever they are doing their work” while Mada Mollen said: “When you see government arresting journalists, just know it’s the beginning of their end. If am not mistaking, MPS put up a presser claiming this Gondwe guy was just called for them to understand the ongoing investigation and this Chakaka guy contradicts the same. The sooner Chakwera checks this guy the better.”

Thom Nkawihe chose to praise the AG, saying “it takes a humble man to apologise. These words don’t come so easily or was it at gun point, sir? What happened to the rule which says, ‘Bosses are always right’?

“Personally, I admire you, sir for your courage, though you are the Attorney General of our land yet refusing to be stubborn like some managers who believe they are always right while they are wrong forgeting that we are all human beings, and there are times we make mistakes — no matter what.

“May they learn from you that having a big self-contained office is not a guarantee that you can’t make a mistake. What is wrong is wrong. No matter how many people pretend that it is right, and no matter how powerful somebody want to pretend, what is wrong is wrong, period! God bless you, sir!”