News
YAS, other CSOs ask
Government to drop criminal
defamation cases
By staff reporter
Youth
and
Society
(YAS)
and
other
three
Civil
Society
Organisations
(CSOs)
have
asked
the
Tonse
Alliance
Administration
to
drop
all
court
cases
related
to
freedom of expression.
The
CSOs:
YAS;
Centre
for
Human
Rights
and
Rehabilitation
(CHRR);
Misa-Malawi;
and
Centre
for
Human
Rights,
Education
Advice
and
Assistance
(CHREAA)
argue
that
the
government
continues
to
stifle
freedom
of
expression
through
the
application
of
archaic and draconian laws.
“We
remind
authorities
that
Malawi
is
a
democratic
country.
In
a
democracy,
no-one
should
be
afraid
to
express
their
views.
The
only
restrictions
that
are
permissible
are
those
that
are
prescribed
by
law,
which
are
reasonable,
recognized
by
international
human
rights
standards
and
necessary
in
an
open
and
democratic
society,
according
to
section
44(1)
of
the
Constitution of the Republic of Malawi.
“We
further
urge
the
Tonse
Administration
to
drop
all
court
cases
related
to
freedom
of
expression.
It
is
quite
distressing
to
note
that
Malawi
continues
to
cling
to
these
archaic
and
draconian
laws
when
other
countries
have
removed
them,”
reads
the
statement
in
part
that
has
been
signed
by
CHRR
Executive
Director
Michael
Kaiyatsa,
YAS
Executive
Director
Charles
Kajoloweka,
Misa-Malawi
Chairperson
Teresa
Ndanga
and
CHREAA
Executive Director Victor Mhango.
The
statement
warns
that
if
the
government
will
not
listen
to
the
calls
to
drop
the
charges
as
well
as
make
law
reforms,
the
CSOs
will
have
no
choice
but
to
move
the
courts to review the country’s criminal defamation laws.
The
CSOs
gave
an
example
of
Zimbabwe
where
in
June
2014,
the
Constitutional
Court
there
declared
the
offense
of
criminal
defamation
as
unconstitutional
and
inconsistent
with
the
protection
of
freedom
of
expression
under the country’s Constitution.
“As
a
consortium,
we
are
determined
and
committed
to
ensuring
full
respect
for
fundamental
rights
and
freedoms
enshrined
in
our
constitution,
including
freedom
of
expression.
In
this
regard,
we
are
moving
the
courts
to
review
the
constitutionality
of
the
country’s
criminal
defamation
laws.
We
are
confident
that
our
good
courts
will
declare
these
laws
unconstitutional
and
inconsistent
with
the
protection
of
freedom
of
expression
under the country’s Constitution,” it says.
Some
of
the
archaic
and
draconian
laws
are
Section
4
of
the
Protected
Flag,
Emblems
and
Names
Act
(Cap.
18:03),
Section
200
of
the
Penal
Code,
Preservation
of
Public
Security
Act
(Cap
14:02),
Regulation
5
made
under
section
3
of
the
Act,
Section
182
of
the
Penal
Code
(Cap
7:01),
and
the
Electronic
Transactions
and
Cyber Security Act of 2016.
Currently,
there
are
a
number
of
people
answering
various
charges
in
courts
related
to
freedom
of
expression
and
these
are
Social
Media
Activist
Joshua
Chisa
Mbele,
Political
Activist
Bon
Kalindo,
Activist
Sylvester Namiwa and Chisomo Makala among others.
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and
Society
(YAS),
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and
Development
Communication
Trust
(DCT)
has
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concern
over
"some
significant
gaps"
in
the
implementation
of
the
Access
to
Information
(ATI)
Act
and
operating
environment
for
the
effective
realization
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the
successful
implementation
of
the
Access
to
Information
Act
(ATIA),
Youth
and
Society
(YAS)
has
taken
the
dissemination
of
the
Access
to
Information
Act
(ATIA)
and
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Youth
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Society
(YAS)
and
its
collaborating
civil
society
organizations
(CSOs)
have
decried
economic
inequality
in
Malawi
exacerbated
by
the
current
economic
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describing
it
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“the
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resignation of minister
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By staff reporter
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rights
watchdog,
Youth
and
Society
(YAS),
has
asked
Lands,
Housing
and
Urban
Development
Minister
Kezzie
Msukwa
to
immediately
resign,
following
his
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involvement
in
the
corrupt
acquisition
of
some
land by some Asian traders.
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