When law enforcers become spectators: A constitutional outcry over the beating of Sylvester Namiwa 

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Namiwa

The recent assault on Sylvester Namiwa, a prominent human rights defender and leader of Citizens for Credible Elections (CfCE), is a disturbing reminder of the growing culture of impunity and shrinking democratic space in Malawi.

The brutality he suffered—being beaten with sticks and pelted with bullets while crying out for help—goes beyond the pale of acceptable behaviour in any society that claims to uphold constitutionalism and the rule of law.

What is even more shocking is that this act of violence unfolded right before the eyes of the Malawi Police Service, the very institution mandated to protect life and property, yet its officers merely stood by, watching the attack unfold without intervening.

Section 15(1) of the Constitution of the Republic of Malawi states that “the human rights and freedoms enshrined in this Constitution shall be respected and upheld by the Executive, Legislature and Judiciary and all organs of the Government and its agencies,” including the police.

The police’s inaction in the face of this violence is a direct violation of their constitutional duty and undermines the public’s confidence in the integrity and impartiality of law enforcement agencies.

Namiwa was leading a protest organised by CFCE to demand the resignation of Annabell Mtalimanja, Chairperson of the Malawi Electoral Commission (MEC), and CEO Andrew Mpesi, a demonstration squarely within his rights to freedom of expression, association, and assembly.

Section 38 of the Malawi Constitution guarantees “every person the right to assemble and demonstrate with others peacefully and unarmed,” and this right must be protected by the State, not violently suppressed or ignored.

Furthermore, Section 44(1) of the Constitution clearly states that “no restrictions may be placed on any constitutional right or freedom contained in this Chapter other than those prescribed by law, which are reasonable, recognised by international human rights standards and necessary in an open and democratic society.”

The assault on Namiwa is therefore not only unconstitutional but also illegal, unjustified, and contrary to international human rights norms, including the African Charter on Human and Peoples’ Rights, to which Malawi is a party.

The government’s silence and the police’s passive complicity raise serious questions about Malawi’s commitment to democratic values and the protection of dissenting voices.

If law enforcement agencies can stand by as thugs beat up a protest leader, what message does this send to ordinary citizens who may want to raise their voices against injustice?

It suggests that some voices are not only unwelcome but are also considered expendable, and that violence can be used with impunity to silence those voices.

This chilling episode sets a dangerous precedent and undermines Malawi’s aspirations for democratic consolidation, accountability, and respect for the rule of law.

It is imperative that the Malawi Human Rights Commission and the Independent Complaints Commission swiftly investigate the incident and recommend both legal and administrative action against all involved.

Failure to do so would normalise violence against human rights defenders and embolden perpetrators to escalate such attacks with no fear of repercussions.

In a country where constitutionalism is supposed to be the bedrock of governance, the spectacle of a peaceful protester being brutalised under police watch is nothing short of a national disgrace.

Sylvester Namiwa’s beating is not just a personal tragedy; it is a stain on Malawi’s democratic fabric and a call to action for all Malawians to demand justice, accountability, and an end to selective policing.

As citizens, we must ask: if our rights can be violated so blatantly in the open, are we free?

The time has come to reclaim the dignity of our Constitution and hold every institution accountable to the oath they swore to uphold.

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