So, Malawi Parliament has finally passed the so-called “Police Bill”. I fear this legislation could further erode Malawi’s already fragile civil liberties. In fact, Malawi may already be sleepwalking into such state. According to recent reports, the bill has been will increase police powers to search and arrest without a warrant.
Also, the bill empower the minister responsible for internal security to issue warrant of arrest and it will also make it illegal for citizens to hold demonstration or protest at the houses of parliament, the state house and the courts.
It’s not difficult to see that there are two practical problems with the proposed regulation. The first one is that by allowing a minister to issue the warrant of arrest, the police service would be politicised; this would inevitably lead to some form of coercion, which is not ideal in a democratic country where differing political views must be allowed to be voiced without any fear or restriction.
The second problem is that thugs would easily break into people’s house posing as police hence the police do not need any warrant. As a result, the legislation would weaken and undermine the integrity of the police.
I am sure the authorities are well aware of this potential problem. Therefore, it would not be irrational to conclude that the bill is not meant to protect citizens but the interests of the state.
History indicates that tampering with civil liberties has been a problem with Malawi parliament, since the first democratically elected parliament assume office in 1994. For instance, the very first amendment of the republican constitution, since its attainment, fourteen years ago, was to slash-off the recall provision, which was the only section that empowered the people.
The section empowered constituents to remove their legislatures if they are not working according to the wishes of the constituents and their campaign manifestos.
There have been arguments that the recall provision was never practical in the first place. There maybe be a grain of truth in this but the fact that it was removed altogether instead of trying to improve it has some strong correlation with the current proposals.
Malawi has only been democratic, if democracy means voting alone, for fifteen years and we could already be returning to the dark days of dictatorship when coercion and state terrorism was the order of the day.
Democracy isn’t just voting. Civil liberties are a big part of it; true democracy allows its citizen freedom and expression in whichever way or form they please, so long as it is peaceful. Banning demonstrations at public institutions is an attempt by politicians to hide from being accountable to their own people, the taxpayers.
Politicians do not own the courts, the state house and the houses of parliament, the people do. Therefore the people must be allowed to have a say on how these institutions are run. After all, the literal meaning of democracy power to the people; and you cannot empower the people by depriving them of their civil liberties.