Malawi: Joy FM takes police to court over technical closure of the station

Principal Resident Magistrate Mzondi Mvula has reserved his ruling to June 9 on whether or not police officers that have besieged the station should vacate the premises.

The privately owned station has been off-air since May 19 after police condoned the station while conducting investigations on allegations that the radio aired campaign materials outside the official campaign period. They further denied any staff member entry into Joy Radio premises on claims that they might jeopardise police investigations.

The development forced Joy FM to drag Malawi Police Service to court to have the police officers leave their premises and enable the station continue with transmission. Joy FM lawyer Jonathan Kara told the court that the polices action was unconstitutional.

We want the police to vacate Joy FM premises. The police have no powers to do that. They have been there for almost two weeks, he said.

The state is represented by Regional Police Prosecutor Dickens Mwambazi and Kahaki Jere who told the court that the state had no intention to shut down the station but to preserve evidence. According to Jere, the state is demanding the computer that aired the messages to be tendered as evidence in the court of law.

Meanwhile, two Joy Radio presenters Aubrey Nazombe and Mary Chande-Mhone who are suspected to have aired the alleged campaign programme are expected to appear in the same court to answer charges of contravening section 115 of the Presidential and Parliamentary Elections Act.

The section makes it an offence for any person to campaign or cause another to campaign within 48 hours before opening of the first day of polling. If convicted the two face a fine of K5000 (US$36) and to imprisonment for two years. They were arrested on May 19 but were later given bail on May 22.