By Vincent Gunde 
By Vincent Gunde
Malawi’s Social and Political Philosopher Mike Arnold Mbalale, says bail is not meant to punish but to secure the attendance of the accused person in court and to protect the integrity of the trial.
Mbalale said when bail conditions go beyond these two objectives, they cease to serve the law and begin to resemble a sentence imposed before conviction.
He said there’s nothing objectionable about the part of the order that prevents Mr. Sylvester Namiwa from commenting directly or indirectly on the subject matter of the trial saying that is a standard practice.
The Political Philosopher said the order was to protect witnesses, evidence, and the dignity of the court, claiming that any fair – minded person would support that limitation.
He said the concern is coming from additional condition that bars Mr. Namiwa from conducting any press conferences until the matter is concluded, observing that this restriction extends even to matters that have no connection to the charges Namiwa is facing in court.
Mbalale said Mr. Namiwa is not only an individual standing trial – he is the Executive Director of the Centre for Democracy and Economic Development Initiatives (CDEDI) saying his work, and his livelihood depends on public engagement.
“To speak to citizens about governance, service delivery, and rights, is the very essence of his role as a civil rights activist,” he said.
Mbalale said the charges before the court relate to treason and publication of false news likely to cause alarm saying it is hard to see how a press conference on road accidents, or on the inaccessibility of water, or on shortages in hospitals, could interfere with that case.
He said these are matters of public interest as they fall within the mandate of CDEDI and to prevent Mr. Namiwa from addressing them is to prevent the CDEDI from carrying out its work as the voice of the voiceless citizens.
The Political Philosopher has questioned the court that is it necessary to stop a citizen from speaking on road safety in order to ensure that he appears in court on 8th September, 2026 or is it necessary to stop Namiwa from speaking on utility services in order to protect witnesses in a treason trial? The answer is no.
He said the condition framed on Mr. Namiwa’s bail is too wide – it covers more than is required to secure attendance or to safeguard the trial, and in doing so, it risks infringing on fundamental freedoms, advising Mr. Namiwa to seek a variation.
The Political Philosopher said Mr. Namiwa can return to the same court and request that the prohibition be confined to comments about the case itself, while allowing him to continue public commentary on unrelated issues.
He has further advised Mr. Namiwa to approach a higher court for the same relief saying a strong court does not need to silence all public speech to achieve that end claiming that precision serves justice better than overbreadth.
Mbalale has finally prayed for the space to remain open for citizens and civil society to speak on matters that affect the daily lives of Malawians by holding both the authority of the courts and the freedoms that sustain the country’s democracy.
And in related news, Activist Sylvester Namiwa is spending the Weekend at Maula Prison despite the Defence team fulfilled MK 5 million cash bail bond and two sureties.
