……“Don’t throw tear gas at the thugs who are disrupting demonstrations, we are working together”, -Malawi Police…….
Introduction
“To protest is to express disagreement with, disapproval of, or opposition to something by complaining strongly about it:.”- Cambridge Dictionary.
Background
Protestors led by anti-government activist Bon Kalindo reportedly demonstrated and blocked roads near the Lilongwe Community Ground, on 7 Sept. 2023. The protestors planned to deliver a petition demanding President Chakwera’s resignation. Clashes were reported, with security forces using tear gas to disperse protestors.
Local travels were disrupted due to the road blockades. Further clashes between police forces and protesters occurred during the day as Police threw teargas. The protest action and security personnel response, which could include road closures, will likely result in ground travel and business operation disruptions.
MCP and Malawi Police Reaction To The Protesters
Malawi Congress Party (MCP) thugs blocked the road with rocks at Lilongwe Bridge stopping protestors from paint through.
The undemocratic MCP youth were armed with knives and axes in broad daylight while the Police watched and did nothing about it. They even discussed with these criminals and gave them free passage.
Malawi Police fired teargas while a group of MCP members pelted stones at protesters who were marching in Lilongwe on their way to State House to deliver a petition to President Lazarus Chakwera demanding him to resign.
The demonstrations were led by activist Bon Kalindo who was also arrested last week after attempting to hold similar protests. A court last week allowed the protests to go ahead and the protesters were told to deliver their petition 100 metres away from State House.
However, after they started marching on Thursday 7 August 2023, the protesters were met with stones pelted by a group of MCP sympathizers who were waiting for them at Tsoka Flea Market near Lilongwe Bridge.
Police then fired teargas at the protesters to disperse them instead of the thugs who were unlawfully assembled.
The police, however, did not take action against the MCP thugs who were pelting stones and even reportedly stopped them from passing through.
It is really sad that police took sides with thugs and hurt innocent protesters who were simply exercising their right to demonstrate. This is not and cannot be the rule of law.
The Law
Any person who goes armed in public without lawful occasion in such a manner as to cause fear to any person is guilty of a misdemeanor and is liable to imprisonment for 2 years.
- Unlawful assembly (1)
When three or more persons assemble with intent to commit an offense, or, being assembled with intent to carry out some common purpose, conduct themselves in a manner likely to cause persons in the neighborhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly.
“72. Punishment of unlawful assembly
Any person who takes part in an unlawful assembly shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.”
Can Malawi Police explain why they failed to execute their duties?
“Unlawful Assembly Public Order Ordinance
An unlawful assembly is when 3 or more people assemble and behave in a disorderly, intimidating, insulting, or provocative manner that causes a reasonable fear that a breach of the peace may result in that behavior. The fear of a breach of the peace may be the intention of the people behaving in that manner, or it may be a likely reaction of other people in the nearby people behaving in that manner.
A person convicted of taking part in an unlawful assembly is liable to imprisonment of 5 years on indictment, or a fine and imprisonment of 3 years on summary conviction.”
My Opinion
The people who blocked the bridge assembled unlawfully and should have been arrested and dispersed if we had a professional and non-partisan Police Service. Unfortunately, we don’t have a Police Service that cannot be trusted because it has become a political wing.
The Law
Under Section 38 of the 1994 Constitution of the Republic of Malawi: “Every person shall have the right to assemble and demonstrate with others assembly peacefully and unarmed.” Derogation, during a state of emergency concerning certain rights, including freedom of assembly, is permitted.
Right to Freedom of Assembly – Article 19(1)(c):
Individuals have the freedom to peacefully congregate to question and object to government actions through demonstrations, agitations, and public assemblies, as well as to form long-term protest movements.
Constitution
Constitution was constituted in 14th-century English as a word indicating an established law or custom. It is from Latin constitutus, the past participle of constitute meaning “to set up,” which is based on an agreement of the prefix com- (“with, together, jointly”) with the verb statuere (“to set or place”).
Examples of Human Rights Protests
Landmark events include Rosa Parks refusing to give up her bus seat to a white man, lunch counter sit-ins, the Freedom Riders’ protest of segregated bus terminals, and the March on Washington. In the face of intense violence from citizens and police, civil rights activists held their ground.
After successfully ending American fighting in Vietnam and improving international relations with the U.S.S.R. and China, Richard M. Nixon. became the only President to ever resign office in 1974, as a result of the Watergate scandal. Reconciliation was the first goal set by President Richard M. Nixon.
Resignation
A resignation is a personal decision to exit a position, though outside pressure exists in many cases. For example, Richard Nixon resigned from the office of President of the United States in August 1974 following the Watergate scandal, when he was almost certain to have been impeached by the United States Congress.
Unfortunately, President Reverend Lazarus Chakwera is refusing to resign despite all the incompetencies he has shown.
Implication
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Somehow, forcing President Reverend Lazarus Chakwera to resign paves the way for his Vice President Saulos Chilima although that’s not what the demonstrators are looking for. Saulos Chilima may take over from the President if Chakwera resigns and is forced to resign today. Although forcing President Reverend Lazarus Chakwera to resign doesn’t sound possible, the majority of Malawians are tired and do not need this government anymore.
The Radio Interview
In the interview on Times Radio hosted by Brian Banda, it appears Bon Kalindo told the truth but Malawi Police lied through Superintendent Kalaya.
Cathy Maulidi, a Times reporter was there and said the protests were peaceful from Simama Hotel to Lilongwe Bridge when they were confronted by thugs who closed the road with stones and were also armed with knives and axes.
After listening to this audio, you will realize that the Malawi Police is being used by the Malawi Congress Party (MCP) and they are there to twist the laws of this country.
Conclusion
Immanuel Kant: “In law, a man is guilty when he violates the rights of others. In ethics, he is guilty if he only thinks of doing so.”
This is the highest Police incompetence and inefficiency I have ever heard of in my life and I cannot believe Malawi Police could be so naive. I don’t even know what the Malawi Police exists for. They are supposed to enforce the law but they are doing the opposite – they support criminal activities as some people deliberatively and openly violate the rights of others.
However, this is exactly what Zimbabwe does to its people and I can now connect why President Emerson Crocodile Mnangagwa visited Malawi. The Zimbabwean leader simply came to The Warm Heart of Africa to share his dirty tricks with President Reverend Lazarus Chakwera and that’s what we are seeing today.
Malawi Congress Party is here to break the law once again, no wonder they took some youth for military training at Ntakataka and failed to defend the decision in Parliament.
The protestors should consider suing the Malawi Police Service for failing to protect them when the court had granted them an okay to proceed with their demonstration.
