MPs fear Police Bill will take Malawi into constitutional dictatorship

malawi_peter_mutharikaThe controversial Police Bill which proposes to regulate assemblies and demonstrations presented to parliament meeting in Lilongwe has received mixed reactions from lawmakers. (pictured: Justice and Constitutional Affairs minister, Prof Peter Mutharika)


Some MPs have expressed fears that if passed into law, the bill which has been dubbed by rights campaigners as oppressive, the country will become a complete police state and a constitutional dictatorship.

Among other things, government proposes in the bill to gives the Minister of Internal Affairs powers to issues a warrant of arrest.

The bill also further suggests that police officers may without warrant, either arrest or search at any hour of the day and night at any premises that has reasonable grounds of suspicion.

Other proposals in the Police bill include that that all unauthorised demonstrations at the State House, Parliament and the Courts will be illegal.

In his contribution on the bill, leader of opposition United Democratic Front (UDF) in parliament, Ibrahim Matola said the police would abuse the law hence the bill need to be scrutinised before it is passed.

Atupele Muluzi, Member of Parliament for Machinga North East (UDF), suggested that the bill should go back to the legal affairs committee so that a lot of queries that have been raised should be looked into.

Taking the floor, Khwauli Msiska member for Kalonga- Nyungwe (Aford) asked the House to scrutinise bills before they are passed into law.

Msiska warned the government benches to handle the constitutional amendments carefully saying they might backfire in future.

But, Minister of Internal Affairs and Public Security, Aaron Sangala together with Justice and Constitutional Affairs minister, Prof Peter Mutharika down played fears raised by the members saying the current police laws were outdated hence their review.

There have been assertions that the Police Bill is a copy of the Zimbabwes Public Order and Security Act (POSA), a piece of legislation introduced in 2002 by a Zanu PF) dominated parliament that helped Robert Mugabe to consolidate his power.

Ruling DPP however touts it as the bill aimed to transform the maintenance of law and order into a shared responsibility.

DPP publicity secretary Dr Hetherwick Ntaba said in a statement made available to Nyasa Times that the proposed Police Bill will seek to reform the Police Force into a Police Service downplaying fears that is intended to inhibit rights of association and assembly.

Unauthorized demonstrations are illegal anytime anywhere in civilized societies. The barring of such illegal activities are functions of ordinary laws and not of this specific Police Bill alone, said Ntaba in a statement e-mailed to Nyasa Times.

The requirement in this proposed Bill that permissions for such demonstrations to be conducted anywhere let alone at State House, Parliament and Courts be sought from the District Commissioner, rather than from the Police Officer In-charge was a commendable step forward.

It is not an oppressive requirement nor does it abuse rights of any groups to associate. By any measure this is a progressive Police Bill, said the ruling party spokesman.

Ntaba disclosed that the Police Bill fostered community involvement by allowing even villagers to participate in the arrests of wrong doers. Thus to say the least the bill aimed to transform the maintenance of law and order into a shared responsibility.

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