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MALAWI
State of the media in Southern Africa 2002
ministers to intensify the campaign on
his bid to run for another term in office.
The letter allegedly strategised
the buying of opposition members of
parliament (MPs) using government
resources, to fortify support for the bill
during the current sitting of Parliament.
On 20 October, the police arrested
the president of the opposition Malawi
Congress Party (MCP), his secretary
and two MPs on suspicion that they
authored the letter. The four were
charged with forgery, altering false
documents and criminal libel.
Malawi’s Parliament will soon vote
on a proposed constitutional amendment
bill to allow President Muluzi
to run for a third term. His current term
expires in 2004.
On 4 July, Parliament voted against
an open-ended bill that sought to
amend the constitution to remove limits
on the number of terms an incumbent
president can contest in elections.
“The Chronicle” is an independent
newspaper owned by the Jamieson
family. It has been publishing for the
past nine years.
ALERT
DATE: 2002-10-23
INSTITUTION(S): The media in
Malawi
VIOLATION(S): Censored
The Principal Magistrate Court in
Malawi’s capital, Lilongwe, has ordered
that parties to a case involving
the president of the main opposition
Malawi Congress Party (MCP),
Gwanda Chakuamba, not grant interviews
to the press.
Principal Magistrate Chifundo
Kachale issued the order on 22 October
2002, when he granted bail to
Chakuamba, his secretary and two
members of parliament (MPs) in a
case in which the four are accused of
authoring a sensitive letter purportedly
written by President Bakili
Muluzi.
In the letter, Muluzi allegedly directed
his party officials to intensify
the campaign on his bid to run for a
third term in office by paying off opposition
MPs.
Chakuamba’s lawyer, Rodrick
Makono, confirmed in an interview
that the court made the order as a condition
of bail. However, Makono said
the order had no constitutional basis
and was made for the sake of convenience.
“It was a general order for both
sides. I think it was put conveniently
because there were many supporters
of Chakuamba and BBC correspondents
who wanted to talk to him. Maybe
the court wanted to avoid some fracas,”
said Makono.
While admitting that the order infringed
on freedom of expression and
press freedom, Makono pleaded that
the press not interview his clients.
However, another lawyer, who
opted for anonymity, said the order
was unconstitutional and that the court
was avoiding prejudice from press reports.
“If [Chakuamba] is released [on
bail, it means] he is free until proved
guilty by a court of law. He has to
enjoy his constitutional right to expression.
In a way, the order also gags
the press,” said the lawyer.
On 4 July, Parliament voted against
an open-ended bill which sought to
amend the constitution to remove limits
on the number of terms an incumbent
president can contest in elections.
However, the Muluzi administra-
So This Is Democracy? 69