President Peter Mutharika has pardoned six police officers who were convicted of murdering Buleya Lule, a suspect linked to albinism-related killings.
The six, Paul Chipole, Ikram Malata, Richard Kalawire, Innocent Lwanda, Maxwell Mbuzi and Abel Maseya were, in February last year, sentenced to a combined 95-year jail term by High Court judge, Justice Chifundo Kachale.
The court acquitted Police Commissioner Evelista Mvula Chisale, Steven Mashonga, Warren Joshua Mashonga and Chifundo Chiwambo who were answering various charges ranging from murder and causing grievous bodily harm.
Both the Minister of Justice, Charles Mhango, who is also the Chairperson of the Presidential Committee on Pardons, and the Malawi Prison Service refused to confirm the release of the convicts “for the privacy, safety, and security of those pardoned”.
Mutharika announced the release of 222 prisoners on New Year’s Day, without releasing a list of those pardoned.
“I can confirm that in my capacity as the Minister of Justice and Constitutional Affairs, I am the Chairperson of the Advisory Committee on the Granting of Pardons as provided in the proviso to Section 89 (2) of the Constitution of Malawi,” said Mhango.
“However, for the privacy, safety, and security of the prisoners who have received the pardon from His Excellency, the President, I cannot disclose or publish any names of any prisoner affected by the Presidential Pardon during the Christmas and New Year Festive Season. I can only confirm that Section 89 (2) of the Constitution of Malawi is very clear that the President may pardon convicted offenders, grant stays of execution of sentence, reduce sentences, or remit sentences,” Mhango has been quoted as saying by the Platform of Investigative Journalism (PIJ).
He further said the President has a right to pardon any prisoner, apart from those convicted of treason.
“I can also confirm that under the said provision to Section 89 (2) of the Constitution, it is only judgments in cases of impeachment of the President or Vice President which are not liable to pardon by the President,” he said
In a statement, government indicated that Mutharika pardoned prisoners who include those who have served half of their sentences, the elderly, women and chronically ill.
The Homeland Security Ministry further said the General Amnesty applies to eligible prisoners serving determinate sentences, excluding repeat offenders and those convicted of serious crimes such as murder, rape, armed robbery, human trafficking, arson, and offences against persons with albinism and disabilities.
However, the Center for Human Rights Education Advice and Assistance (CHREAA) Executive Director Victor Mhango questioned the contradicting statement from the ministries around the pardoning of the prisoners.
“The contradiction between the Homeland Security statement (Malawi Prison Service) and the Minister of Justice’s position is alarming and reflects a serious governance and transparency problem.
“If the public was assured that murder and rape convicts would not be pardoned, only for senior officials to later claim otherwise, that raises concerns about either misinformation or deliberate obfuscation. When ministries issue conflicting interpretations on such a sensitive issue, it undermines confidence in both the pardon process and the credibility of government institutions,” Mhango told PIJ.
