Malawi Court declared sedition laws unconstitutional

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The Malawi High Court declared in 2010 that the country’s sedition laws were illegal as they contravened against the Malawi Constitution, Malawi24 has learnt.

Ulemu Msungama

Msungama illegally charged

Renowned lawyer, Sunduzwayo Madise cited a ruling that Justice Lovemore Chikopa delivered in the case involving Harry Mkandawire and Yeremiah Chihana who were charged with managing unlawful Society.

But on sedition, Justice Chikopa ruled: “And yes perhaps it is time we decided whether in their present form our sedition laws remain valid in the current Constitutional dispensation or whether we still need them. We think not in either instance”.

While writing on his Facebook on the heels of Ulemu Msungama’s sedition charges, Sunduzwayo Madise said while drawing on Justice Chikopa’s ruling that since the 2010 High Court ruling was neither appealed nor overruled by the Malawi Supreme Court, the current sedition laws under the Penal Code “are unconstitutional and no longer needed”.

In this case, Madise suggested that Ulemu Msungama may walk free as he has been charged using nonexistent laws. The Malawi Constitution, under Section 5, grants the High Court the power to declare a law invalid if it is inconsistent with the Constitution.

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31 Comments

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  2. Education never end ngwadzi said look this people are well education but know is forgetting about the law. Let’s took all to go school again. Akundya ndalama yanga ya minsonkho mwachambe. Their eating my money of tax fact. I am already give to you 30 days thinking about my future. If you fall I this chapter my self

  3. the judge erred looking into the facts that its not the constitutional court to declare that, hence that law is still active…unless the constitutional court declare it to be…for your info

  4. Kumalawi kumakhala ngati tapepelutulidwa kaya chiyani koma kuzichemelela mmmmmm funso kunati kodi boma limawina mlandu koma? Kod dpp sachedwa kugwesedwa amakhala asanawone lamulo popanga chinthu?

  5. We’re very good at making and passing and gazetting laws.Then we put them in the locker until someone reminds us about them. Shame!

  6. But those who hav done that they know it well hav they not violeted the constitution will they not be taken to court to face the law? If not now next time when time is ripe!

  7. Eiiiiish! Whelther the law is invalid or not, but I think its stil shamemful and baseless to charge someone on whatsapp or facebook conversation. How many thousands of ppo is DPP going to arrest if they choose to go this way? Do they see the comments we post in the news articles published on social media? Are they aware of the names that ppo hv given to Mutharika based on his failure to govern? I think the best they could have done is to work on the challenges ppo are facing so that their works should speak for them, not threatening ppo….