On Tuesday, police arrested Platform for Investigative Jounalism (PIJ) director Gregory Gondwe for allegedly questioning about where he got a letter that he used in an article about corruption. EDWIN NYIRONGO engaged Centre for Human Rights and Rehabilitation (CHRR) executive director MICHAEL KAIYATSA about Gondwe’s arrest and related matters.

Kaiyatsa: Our Constitution is clear that the Malawi Police Service must be independent

What is your take on Gregory Gondwe’s arrest and subsequent release?

The arrest was a clear violation of his rights as a journalist to report on a matter of public interest. Police have a responsibility to use extreme caution while interrogating or arresting journalists.

It is also concerning that police officers confiscated his mobile phone and laptop computer, which amounts to interference in the work of an independent journalist and a violation of his right to privacy as enshrined in Section 21 of the Constitution of Malawi.

How do you relate this incident to President Lazarus Chakwera’s campaign promises?

The arrest contradicts Chakwera’s campaign promise that his government would respect, protect and fulfil human rights. It also contradicts his party’s pledge to respect media freedom.

On page 18 of the 2019-2024 Malawi Congress Party (MCP) manifesto, MCP commits itself to establishing “an environment in which civil society, religious groups and free and ethical media can flourish…” The recent action by the police under Chakwera’s watch makes a mockery of that commitment.

Are you satisfied with the alleged apology from the Attorney General [AG]?

We are hearing it from Misa-Malawi that he has apologised. But I think the apology would have carried more weight if it came directly from the AG himself and conveyed directly to the public.  I am saying this because any attack on a journalist is not only an attack on the journalist’s freedom to seek and share information, but is also an attack on the citizens’ democratic right to seek and receive information through that journalist or through his or her media house. And that is why the apology should have been extended not only to the journalist but also to the general public.

What do you say to suggestions that police are abused by politicians?

Police are required to work independently as per the provisions under Section 153 of the Constitution of Malawi. However, our police fail to meet that obligation because of political interference. In most cases, police fail in their duties to safeguard citizens’ rights due to some politicians, particularly those in the ruling party who handle police like their personal property.

What should be done to avoid this abuse?

The first step is to review how the Inspector General of Police is appointed. Under the current law, the IG is appointed by the President and confirmed by the National Assembly. Unfortunately, that arrangement has worked to undermine the independence of the Malawi Police Service. In Malawi, it is our philosophy that you do not bite the hand that feeds you. It is that thinking that has often led our police to behave as a paramilitary wing of the ruling party.

The second step is to ensure strict compliance of the law by authorities.  Our Constitution is clear that the Malawi Police Service must be independent. The Constitution has gone further to lay down grounds upon which the IG may be removed.

The grounds, according to section 154 of the Constitution, include being incompetent in the exercise of his or her duties and being compromised in the exercise of his or her duties to the extent that his or her capacity to exercise his or her powers impartially is in serious question. Unfortunately, these provisions are never used even when it is clear to all and sundry that a particular IG is compromised. We have had a number of IGs in the past who were clearly compromised in the exercise of their duties, but we allowed them to continue serving. It is high time the courts intervened to stop the politicisation of our police service.

What is your message to Tonse Alliance administration in view of this matter?

It should always remember this important fact that they are beneficiaries of media freedom. If three or four years ago the media in Malawi were not free to expose and report on the excesses and corrupt practices of the government at the time, MCP and its Tonse partners would still be in opposition today.n

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