Musician Mwiza Chavura is yet to be released on bail following his arrest on Friday.
The artist was arrested for releasing a song that promotes rape and was charged with producing obscene materials, which is contrary to Section 179 (1) (a) of the Penal Code.
His application for bail was brought before a magistrates’ court in Lilongwe on Tuesday and the court said it will deliver its ruling on Thursday.
During the hearing, a police prosecutor said investigations of the case could take 10 days since they would involve getting a consent from the office of the Director of Public Prosecutions (DPP).
The police prosecutor Cecilia Zangazanga added that investigators would need to get hold of the equipment used to produce the Ndizakupanga Rape song hence Chavura would derail investigations if released on bail.
But one of Chavura’s four lawyers Nicely Msowoya argued that the artist faces a fine if found guilty so keeping him in custody is not justified.
He also suggested that the state did not show that investigations would not be possible when Chavura is released.
“So, in the event that there is a possibility that the release of the accused person will not prejudice investigations, the law says there should not be any reason to keep the accused person in custody,” Msowoya said.
Chavura’s song caused controversy and was condemned by various quarters after it was uploaded on a music sharing site. The censorship board in Malawi has since banned the song.