19 August, 2026
JOINT STATEMENT ON NAMIWA ARREST
MALAWI AT A CONSTITUTIONAL CROSSROADS: REGIONAL AND INTERNATIONAL CALL FOR THE IMMEDIATE AND UNCONDITIONAL RELEASE OF SYLVESTER NAMIWA AND THE WITHDRAWAL OF HIS PROSECUTION
For Immediate Release
The undersigned regional and international human rights organisations stand in solidarity with Malawian human rights defenders and civil society organisations in calling for the immediate and unconditional release of Sylvester Namiwa and the withdrawal of the criminal charges brought against him. His prosecution on charges of treason and publication of false news raises profound concerns for constitutional democracy, freedom of expression, civic space and the rule of law in Malawi.
Human rights defenders are indispensable to democratic governance. They must be able to expose alleged corruption, demand accountability and participate in public debate without fear of arbitrary arrest, detention or criminal prosecution. While advocacy must always be responsible, evidence-based and exercised within the law, the response to allegations of public wrongdoing should be independent investigation—not the criminalisation of those who raise them.
The offence of treason exists to safeguard the constitutional order against genuine threats to the State. It should never be invoked in a manner that risks conflating peaceful civic engagement, criticism of public officials or advocacy for accountability with attempts to overthrow constitutional government. Such an approach undermines public confidence in the administration of justice and risks creating a chilling effect on the exercise of fundamental freedoms protected by the Constitution of Malawi, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.