Former Justice Minister and Attorney General Ralph Kasambara has warned Malawi Police for arresting President Chakwera’s social media critic Joshua Chisa Mbele saying the charges are very confusing.
Earlier today Assistant Commissioner of Police CID fetched Mbele from his base in Salima to Lilongwe on Cyber related case. He is in custody at Lingadzi Police Station, Area 18 in Lilongwe.
“I’m at Area 18 Police Station. Waiting to be charged.I’m yet to be told.Akuti a Yoswa kulakatula kwambiri Azimai, Kumapenyatu.Chilungamo chimapha,” Mbele wrote on his facebook pahe.
But writing on his official facebook page under the headline “Of incitement offences and cyber crimes” Kasambara said lamented on the nature of charges imposed on Mbele.
“All I can say that the criminal offence of incitement requires proof of violence which is not always easy. This offence is always a challenge to prove as it collides with freedom of expression.
“An astute arresting officer or prosecutor tries as much as possible to avoid it. The usual result is an acquittal which basically means an egg on the face of political leadership.
He said Cyber crimes under the new Communications Act are not well understood by the majority of law enforcers.
“By the way truth or justification still remains a defence. In addition those offences must be balanced against freedom of expression. But are we sure that the timing of the arrest is good for the political leadership that is overseas?
“Are we sure we want both foreign and local journalists asking our president about him ordering arrests of his political critics?
“By arresting Joshua Chisa Mbele have we not made him a political martyr or political hero? Yes his Facebook page was popular but now it is trending. If not careful we will be repeating the same mistakes ajawo ankapanga.
Anyway, I am a mere observer. Another Facebook addict like my brother Joshua Chisa Mbele.
NB: wakusina khutu ndi mnasi. Kamuuzyanga ni fwiti yayi. Fwiti ni tilinganenge.
