Kabwila’s arrest is illegal – Lawyers

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Renowned lawyer has issued a stern warning saying Malawi is passing through “dangerous times” that could turn the country into a police state following the arrest of Malawi Congress Party (MCP) spokesperson, Jessie Kabwila which the lawyer described as illegal.

Malawi Police set up Roadblock at Parliament to Arrest Kabwila

Police and Parliamentarians tussle over ‘illegal’ roadblock

Sunduzwayo Madise, a legal scholar currently doing a PhD in the UK, issued the warning following the conduct of the Malawi police leading up to the arrest of Malawi Congress Party spokesperson, Jessie Kabwila, with treason.

Armed police officers mounted a roadblock within Parliament premises to nab Kabwila and Parliament Legal Affairs Committee chairperson, Peter Louis Chakhwantha. The two were previously said to have been charged with sedition.

Madise said the police contravened against the Constitution as they neither have the mandate to “manufacture a treason charge only for the purposes of affecting an arrest” nor powers to “invade parliament” in regards to the sedition charges.

“The Police cannot invade Parliament and violate its immunity on a sedition charge. That would not only be illegal but also unconstitutional. It would pity two arms of government against each other: the executive under whose authority the police operates and the legislature; the only body empowered to make law” wrote Madise on his Facebook.

Under Section 60, the Malawi Constitution asserts that except in the cases of treason, the speakers and parliamentarians are “privileged from arrest while going to, returning from, or while in the precincts of the National Assembly”.

For this, Madise argued: “Police invasion of Parliament is not something to be taken easily in a Constitutional democracy…In any event, the Police cannot try treason offences. That is the purview of the Director of Public Prosecutions (DPP)”.

Kabwila, who was granted bail this morning, has now been charged with treason. However, Madise insisted that the police do not have the legal mandate to either proffer treason charges or grant bail to a person charged with treason. He said this rests in the arms of the DPP.

Kabwila, Chakhwantha and another MCP member, Ulemu Msungama, are accused of planning protests similar to the ‘Arab Spring’ with the aim of ousting President Peter Mutharika.

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144 Comments

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  2. Maliro akalowa mnyumba alowa amadikira nthawi yopita kumanda. Peter analowa udindo tiyeni tidikire 2019 pa vote. Mbuli zophunzira musatipusitse apa, njala si ya paeter koma nyengo nde yavuta. Udindo zowona mwaufunitsitsa lija ndi kale, koma njira yake siimeneyi. U opposition wanu sikuoneka. Moti mumthandize president kvti chakudya achigawe inu mukufuna mpando. Za chamba basi. Mpando umenewu ukuvutani 25yrs ukukanika. Unakhakhala munda kunali bwino kungopanga galaundi ana asewelepo mpira.

  3. Mr Lawyer Sir,you mean what is legal was their conversation to overthrow the government which is called treason?So arresting these people is becoming illegal?What you mean is that treason is legal and tell me since when?Which correspondence law school did you do your studies?I know,this is an influence of a ‘milk-scone’ you have been given by MCP to speak goodly to them.

  4. I wonder why lawyers differ all the time on interpreting the law and judgements.. Law is the easiest program i ever heard of umavina mmene waimverera… That is why they do not agree on even one thing…. Aphyuta okuba okhaokha ntchito kukhotetsa zokamba. I dont admire lawyers at all…..

  5. I wonder why lawyers differ all the time on interpreting the law and judgements.. Law is the easiest program i ever heard of umavina mmene waimverera… That is why they do not agree on even one thing…. Aphyuta okuba okhaokha ntchito kukhotetsa zokamba. I dont admire lawyers at all…..

  6. The wrighting is on the wall the DPP & its President have lost trust of its citizens becoz of its mediocrity; Mr president how many advisers do you have? Dont listen to every Jim & Jack coz they are missleading you in the end you will look foolish- how can you arrest people on WHATS APP? Someone has cheated you:

  7. The wrighting is on the wall the DPP & its President have lost trust of its citizens becoz of its mediocrity; Mr president how many advisers do you have? Dont listen to every Jim & Jack coz they are missleading you in the end you will look foolish- how can you arrest people on WHATS APP? Someone has cheated you:

  8. MR President you r phusi of your phusi all the tym & I don’t think your brain is functioning well so far . Bt any way motamangira nthawi ndingoti matchende anu akuchulukirani mafusi omwe pa chiyao timati (mandenga) ameneyo ali ofunika kwameta mwachangu .

  9. Then u r telling me this Matchona is a law professor. What was he doing in the USA. He has breached the constitution a couple of times on issues a layman like me can comprehend. Is it a sign of desperation ? And i answer yes. He has lost touch with the affairs of this sovereign country. Creating some un necessary issues to keep people busy so as to divert us from the real problems at hand. Tikukuonanitu !!!!

  10. Mukakhala ma lawyer mmafuna muziwapepelesa anthu bwanji. Mbava zokhazokha za malawyer a pa Malawi. Akupatsani ndalama a ……. Anzanu ena abweranso muzitsutsana nokhanokha. Chancellor College imeneyo. Kusula apsuta , atambwali.

  11. Mukakhala ma lawyer mmafuna muziwapepelesa anthu bwanji. Mbava zokhazokha za malawyer a pa Malawi. Akupatsani ndalama a ……. Anzanu ena abweranso muzitsutsana nokhanokha. Chancellor College imeneyo. Kusula apsuta , atambwali.

  12. MLS, Renowned lawyers, sober minded citizens are all condeming the arrests-this means something is not right.cant the govt, for once, listen?

  13. MLS, Renowned lawyers, sober minded citizens are all condeming the arrests-this means something is not right.cant the govt, for once, listen?

  14. Koma kutumizilana ma whatsaap ofuna kubweretsa zipolowe ndiye zololedwa?? Anthu mukuganiza kuti akhale busy kuthawa chifukwa cha zidoli za anthu ngati amenewa???? Koposa kuwamanga basi !!!

  15. Koma kutumizilana ma whatsaap ofuna kubweretsa zipolowe ndiye zololedwa?? Anthu mukuganiza kuti akhale busy kuthawa chifukwa cha zidoli za anthu ngati amenewa???? Koposa kuwamanga basi !!!

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  17. Anthu adzoye (osachedwa kulira) amakhala patsogolo kuyambitsa ndeu. After trivialising serious coup attempts by the midnight six as alleged by the PP lead government, l never expected honourable distinguished learned DPP Comrades to stoop so low as is the case at hand. Unfortunately, this work is pure result of ignoring the the first class warning from the genuine Strategists, Rt. Hon. Saulos Chilima who emphatically stated that “Njoka bwana state president sitiweta”. Ndiye poti mchewa adati “tinkanena adathera msiizi….”, ife tingoti”mawu akulu akoma akagonela”, komanso “walira mvula, walira matope”, “akafuna ya nyanga nsantsi mwana, msemeleni”.

  18. Anthu adzoye (osachedwa kulira) amakhala patsogolo kuyambitsa ndeu. After trivialising serious coup attempts by the midnight six as alleged by the PP lead government, l never expected honourable distinguished learned DPP Comrades to stoop so low as is the case at hand. Unfortunately, this work is pure result of ignoring the the first class warning from the genuine Strategists, Rt. Hon. Saulos Chilima who emphatically stated that “Njoka bwana state president sitiweta”. Ndiye poti mchewa adati “tinkanena adathera msiizi….”, ife tingoti”mawu akulu akoma akagonela”, komanso “walira mvula, walira matope”, “akafuna ya nyanga nsantsi mwana, msemeleni”.

  19. Kodi Kabwila ndi ndaninso? Anthu akumangudwawa siofunika? Bwanji mukuti Malawi should turn to police state? Tsono enao ndiye sikhala police state? Ndiponso akanangontumiza ku mikuyu.

  20. Kodi Kabwila ndi ndaninso? Anthu akumangudwawa siofunika? Bwanji mukuti Malawi should turn to police state? Tsono enao ndiye sikhala police state? Ndiponso akanangontumiza ku mikuyu.

  21. Malawi to be police state with road blocks all over for what people will get tired of it becoz police men will abuse that’s where Govt must be Careful!

  22. aaaaa tinanena ife. alipilidwanso. kkkkkk. apolisi ansewa kwa jessie yemweyo kukhalaso nkazi. kkkkkk. osangondiuza ine ndikantege bwa? bora pa zambia. malawi iyai.

  23. Amalawi24 ndi anzanu anyasatimes mwayamba kale kuweluza milandu pa social network pomwe akhoti sananenepo china chilichonse. Mukufuna kubweletsa chisokonezo mziko muno.Nkhaniyi mudaulula ndinu. kuti anthu amenewa akufuna kulanda boma mogwiriza ndi Palmer. Lero nkhani zafika poti akhoti ndiye angagamule kuti olokwa ndi uyo ,iwe you are free. Nkhani imene ivuta penapake maumboni akayamba kutuluka makamaka ku bwalo lamilanduko. Tiyeni tingiti phee chifukwa MCP sidanenepo kanthu komanso boma silinakambepo kalikonse. Very sad kuti you are busy listening to the self claimed law experts kaya mukuti maloya koma mwaiwala kuti majaji aliponso.

  24. MR MATHANYURA WAIWONERA PATALI KT NDIWASOKONEZE A MCP KUWAGANIZIRA KHANI ZABOZA NGATI CHOLINGA APHIMBE MA MP ASANENE KHANI YA MATHANYURA NDI ZOGULISA NYANJA NGATI ANAREPHERA GAMA KUGULISA NYANJA KWA GADAFE 2003 INU A BWAPINI MUNGOZINAMIZA CHABE KUMANGA ANTHU BINGU NAYE ANATERO HUMANA KASAMBALA NDI ATUPELE POMWEPO APAC ANAMUPASA 90 DAYS PANO ALIKUTI IWE ANAKUPASA 30 DAYS UKUMANGA ANTHU OSALAKWA IFA ILI PAFUPI MR IBU SAMALA UKAFUSE BINGU KUNDATA ZA KABWIRA.

  25. The truth is that only 33% of mw pplation voted 4 apm -meaning wakhalira bomba.nkhalamba zandale zolamula b careful of Bp & c. Arrest.zayambika kumpoto.

  26. Gerald steven Nseula.Tmavutka ndfe ampha coz achumawo amatitnga ngat zidole zawo, zkusowekela mlungu atithandze coz satana akutgwrisa ntchto molakwika.

  27. Robert Waile……bro Dr Banda titha kunena kuti anali oyipa popeza we were in one Party. Koma from Dr Muluzi kufikira pa Ngwime imeneyi, The Best were Muluzi and Mayi Nabanda, …. Mutharika’s family they’re all Rubbish

  28. Dictatorship is still going, but we don’t know that their is dictatorship coz we have been blinded by poverty. Human rights commission is no longer working in our country

  29. My first premonition should going to those who taking part especially those they have more power to arrest inocent people and you must know that “chouluka chimatera” so be careful coz tomorrow its them they are going to rule you

  30. Auster C. Mbawa……He who wants to be a president of the Nation, he’s not a child to be advised for every single step.

    This man is unqualified person to be the head of the state.

    The best way is “ANGOTULADI PANSI UDINDO WAMKULIRA UYU “

  31. Abale nkhani iyi yandikwana kuimva plz. Komatu anthuwa kukada akukamwela tea limodz koma ife anthu tizingodana ndi zinthu zaziii pamene kukada akuchezela limodz.Nkhani iyi yandikwana ine kumva.

  32. Shame, mutharikas if you are ready to order police to arrest Malawians you are welcome. But the first thing you and your fellow dpp murderers should tell Malawians reasons why you brutally murder the late Mr. lssa Njaunju.a long time issue you have just put under your carpets. Thereafter arrest all Malwians except those belonging to your dpp boko haram party, Your intention is to distract and divert peoples minds and thinking on serious issues Malawians are facing.Why arresting concerned people? this openly shows that there is NO leadership in you at all. your brother was doing the same, pitala this is uncalled for.Who voted for you on this seat? You dpps should be charged for murder

  33. Sindikutha kumvetsa mwa mapresident awa ndi ndani ali wabwino, Late Dr. H.K. Banda, Dr. E.B. Muluzi, Late Dr. B. Wamutharika, Dr. J.Banda ndi awa athuwa Pro. APM?

  34. mmmmmm,,nkhani zopoira ngati izi ,ndi za ziiii,,,asiyeni amene akuona phindu mu u prezident azilimbana,chifukwa onsewa akulimbirana misonkho yathu,ifeyo tiyeni tidalire Mlungu,,,tizingonyoza anthu ,kwinaku dziwani kuli gahena wamoto…onsewa ,zipani zonse za mdziko muno sizingathese mavuto athu ,,,amathesa zawo za.kubanja kwawo,Kamuzu bwanji,Bakili,Bingu ,JB anakhala pa mpando koma palibe amene anathesa umphawi wa dziko lino koma awoneni kwawo mungafane nawo,,,enanu chodula ndi phone yomwe mukunyozerayo….ndiposo sinawone President olongosoka ine,kuyambira bible,qchina nero,Nebkadineza ndi enawo

    • thanks Evangelist Peter,,,ndale ife sitidya ndale,,,tizingolakwapo apa,eee APM chisilu,eee Gay za ziiii,,,Bible limakana ngakhale Yehova mwini Chilengedwe amati tilibe ufulu olakwa(kupanga ntchimo) whether we re light or wrong.be a christian christu sanyoza,pakamwa pake sipatuluka liwu lonyoza,lodzetsa chisokonezo asiyeni awa,,

  35. I dont think things will b ok here in our country because each and every time we vote for a new president, he/she become worse than the one who was there before, u kno y? Its because wina akamachokapo akumakhala ataononga zinthu nde obwelayo has to clean the mess that the ex government left bhind,, trust mi,wina yemwe tizavoteleyo zinthu zizakhala chimoz moz zovutabe and the other problem with our mps is that akakhala otsutsa,amangotsutsa zilizonse,,akakhala olamula nawo amangovomeleza zilizonse,,now ngati otsutsa ali ndi solution to a problem of which the country is facing,y can’t u bring it forward nkuthandizana ndi boma,,we r all malawians,come a problem, it affects all of us regardless kut awa ndosusa or awa ndolamula,.. Ndale zathu is all about superiority and kusafuna kugonjelana,,and with that mavuto tili nawo nyominyomi

  36. This FOOLISH gvt instead of Solving people’s prbms in this Difficulty times as Hunger tha hv hit the cntyry they’r busy Quarelling each other,which hv no bennefit 2 our Citizen!its Shame4 2c Headless Chicken 2run the cntry

  37. If the learned Malawians are saying, this is illegal, then we have to cough dipper to pay them. What a shame.