CSOs push DPP to drop Namiwa treason case

Civil society organisations under the National Advocacy Platform (NAP) have called on the Director of Public Prosecutions (DPP) to urgently review and discontinue the prosecution of human rights defender Sylvester Namiwa, saying such action would be in the interests of justice.

In a joint statement issued on Monday, the organisations expressed concern over Namiwa’s arrest, charging and remand to Maula Prison pending committal proceedings before the High Court.

Namiwa has been charged with treason contrary to Section 38(1)(a) of the Penal Code and publication of false news likely to cause public fear and alarm under Section 60(1) as read with Section 34 of the Penal Code.

The organisations said although law enforcement agencies have a constitutional mandate to investigate crime, the handling of the matter must strictly adhere to constitutional principles, judicial independence, due process and the rule of law.

“We call upon the Director of Public Prosecutions to urgently review this matter and consider discontinuing the prosecution in the interests of justice,” reads part of the statement.

The civil society groups argued that allegations raised by Namiwa against certain public officials should instead be independently, thoroughly and impartially investigated, saying the public interest is better served by establishing the truth of those claims through lawful investigations rather than prosecuting the person who brought them forward.

The organisations also endorsed the position of the , which has called for Namiwa’s immediate release, saying the case raises important constitutional questions regarding personal liberty, due process and the protection of lawful expression.

NAP Chairperson Benedicto Kondowe and National Coordinator Baxton Nkhoma said the case has now gone beyond one individual and represents a test of Malawi’s commitment to constitutional democracy, human rights, civic space and the rule of law.

They further stressed that while no person is above the law, every accused person is entitled to the presumption of innocence, legal representation and a fair hearing within a reasonable time.

The statement was endorsed by civil society organisations from different sectors across the country.