In April 2018, the Malawi Police Service (MPS) arrested a Catholic priest, late Father Thomas Muhosha, in connection in connection to the brutal killing of a 22-year-old man with albinism, MacDonald Masambuka.
Muhosha was arrested as he attempted to cross into neighboring Mozambique. The man of the collar was the 12th person to be arrested in connection to the brutal murder of Masambuka. Others were a police officer and a health worker.
In a country where religious leaders are treated with utmost respect and honour, it was the expectation of many Malawians that the Roman Catholic Church would react angrily and denounce of the priest's arrest.
But contrary to their expectations, the then Bishop George Tambala of the Zomba Diocese, where late Father Muhosha was serving, distanced the church from his conduct, emphasizing that the church defends the sanctity of human life and the killings of persons with albinism is a violation to that sanctity.
The church went a step further by suspending him from all clerical duties until the matter was concluded.
"Upon the conclusion of the matter by a competent court of law, due Church processes will follow according to the prescriptions of Canon Law. The church will cooperate with the police in their investigations to see that truth and justice for the victims is established in this case," said Tambala in a statement he issued in reaction to the arrest of Muhosha.
One month earlier on March 16, 2018, the police arrested founder of the Fountain of Victory International Church and Ministries, Apostle Joseph Ziba, for non-payment of duty on his motor vehicle.
Apart from his followers, none of the country's most vocal civil society organization or human rights activist condemned the arrest because they saw merit and professionalism in the way the law enforcers discharged their duties.
There was no single civil society organization or human rights activist that issued a statement to denounce the police for the arrest of the two men of God. Certainly, they realized that the law enforcers were discharging duties within the precincts of the Laws of Malawi.
But six years down the line, the same Malawians, civil society organizations and human rights activists, who kept quiet when the police effected arrests on men of the collar suspected to have committed various crimes, have risen up against law enforcers for arresting Reverend Kondwani Chimbirima Gondwe of the Livingstonia Synod's Zolozolo CCAP.
MPS Public Relations Officer Peter Kalaya, while confirming the arrest on Monday, said Gondwe was arrested on Monday for allegedly publishing provocative and offensive communication on social media.
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"The police have reminded the public that Malawi has laws in place to protect citizens from internet delinquents and that they will enforce these laws as part of their mandate," Kalaya said.
The National Advocacy Platform (NAP) was the first CSO to condemn the police for merely enforcing the Cyber Security Laws. NAP chairperson Benedicto Kondowe described the arrest and detention the cleric and Kamlepo Kalua, MP, and political activist Bon Kalindo as unprecedented since the tragic plane crash involving the Vice President, Dr. Saulos Klaus Chilima, and eight others.
According to Kondowe, the arrests and detentions constitute a blatant violation of fundamental human rights, undermining the rule of law and the integrity of the justice system.
He said: "The arrests, conducted under the Electronic Transaction and Cyber Security Act of 2016, misuse this law to infringe upon constitutional rights to freedom of speech, expression, and opinion. Section 42(2) of Malawi's Constitution mandates prompt notification of reasons for arrest and a court appearance within 48 hours-principles ignored in these cases. Sections 87 and 88 of the Act criminalize electronic communication without clear standards, risking arbitrary enforcement and stifling legitimate dissent."
It should be stated here that CSOs play a multifaceted role in human rights and transitional justice initiatives that can include documenting violations, aiding victims, advocating for marginalized groups, and pressuring decision-makers - state, non-state, and international - to enact and uphold policies that contribute to protecting human rights.
But where the CSOs choose to side themselves with those suspected of committing crimes, then the nation should be worried.
