Malawi’s three major opposition parties; the People’s Development Party (PDP), UTM Party and the United Democratic Front (UDF) have issued a joint statement expressing concern over the arrest and prosecution of activist Sylvester Namiwa, particularly the decision to charge him with treason.
Signed by PDP President Dr. Kondwani Nankhumwa, UTM President Dr. Dalitso Kabambe and UDF President Atupele Muluzi, the statement argues that the treason allegation appears to be based largely on comments Namiwa allegedly made during a television interview, rather than on any identifiable act of violence, armed insurrection, recruitment or any unlawful attempt to overthrow the government.
The three opposition leaders warn that equating political speech with treason poses a serious threat to Malawi’s constitutional democracy. They emphasize that while political opinions may be provocative or unpopular, freedom of expression, political participation and press freedom are rights guaranteed under the Constitution and should not be criminalized without clear evidence of criminal conduct.
The statement further notes that Namiwa also faces a separate charge relating to the alleged publication of false news, stressing that the matter should be determined independently by the courts on the basis of evidence.
It adds that, like every accused person, Namiwa is presumed innocent until proven guilty and should not be subjected to prolonged pre-trial detention without legal justification.
The opposition parties have called for Namiwa’s immediate release on bail or, at the very least, for his continued detention to be reviewed by an independent court if the State believes it is necessary.
They also caution against what they describe as the risk of Malawi sliding into a “police state,” where criticism of those in power is treated as conspiracy and demands for accountability are viewed as acts of rebellion.
In their statement, the parties also sought to distance Vice President Dr. Jane Ansah from the matter, saying nothing in the statement should be interpreted as questioning her constitutional office.
They argue that she bears no responsibility for another citizen’s alleged remarks and that any attempt to involve her would amount to an abuse of the constitutional principles they seek to defend.
The opposition leaders say their concerns extend beyond Namiwa’s case, warning that if constitutional rights are not protected today, journalists, human rights defenders, political leaders and ordinary citizens who question those in authority could face similar treatment in the future.
They have urged the Government, law enforcement agencies and prosecuting authorities to handle the matter with transparency, restraint and strict adherence to the Constitution and the laws of Malawi.
The statement also calls on the United Nations Resident Coordinator, the European Union, the African Union, SADC, the Commonwealth, the Malawi Human Rights Commission, the Malawi Law Society and civil society organizations to closely monitor the case and engage with authorities to ensure Malawi upholds its constitutional and international human rights obligations.
Concluding their statement, the three opposition parties appealed for calm and respect for lawful judicial processes while reaffirming that defending constitutional freedoms is the responsibility of every citizen and leader, regardless of political affiliation.
“We stand united in defence of constitutional democracy, human dignity, freedom and the rule of law,” the statement reads, adding that Malawi “must remain a democracy, not a police state.”
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