WIRE — By Pemphero Malimba: Centre for Democracy and Economic Development Initiatives Executive Director Sylvester Namiwa has been charged with treason and publishing false news likely to cause alarm. Chief Resident Magistrate Austin Banda read the charges in Lilongwe yesterday before committing the case to the High Court. The court heard that the alleged offences stem from an interview Namiwa gave to Luntha TV in July. Reading the treason charge, Banda said Namiwa was accused of preparing to overthrow the government by allegedly stating during the interview that Jane Ansah would become President of Malawi within two months despite there being no constitutional or legal basis for such a succession. On the second count, Banda said Namiwa allegedly published false information by claiming that five powerful individuals had permission to kill people and were using dangerous people from Dzaleka Refugee Camp to carry out the killings. Banda then committed the matter to the High Court. "The registrar of the High Court will inform you of the date and time of the hearing," he said. Earlier, Deputy Director of Criminal Litigation in the Directorate of Public Prosecutions Brenda Kapenda asked the court to commit the case to the High Court, arguing that the treason charge is triable only by that court. Defence lawyer Gift Mwenye applied for bail, arguing that under Malawi's laws every accused person has the right to seek bail at any stage of criminal proceedings. However, State prosecutor Prescot Mwayiulipo argued that the bail application should be made before the High Court because the lower court lacked jurisdiction to hear the case. Following the proceedings, Mwenye said the defence would await directions from the High Court before filing a bail application. Police arrested Namiwa last week and he has remained in custody since then.
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