Chikwawa Court Acquits Man Accused of Inciting Violence at Public Gathering

The First Grade Magistrate’s Court sitting in Chikwawa has acquitted Isaiah Soza, who had been charged with proposing violence at an assembly, an offence under Section 87(1)(b) of the Penal Code.

The case stemmed from an incident that occurred on 18 October 2023 in Ngabu, Chikwawa, following the disappearance of a child. Soza, a friend of one of the child’s relatives, shared information he had heard from the village, that there were rumours suggesting the child was being kept in a mansion within the district.

Later that same evening, the home of a man named Mabvuto Jamali was vandalized by unknown individuals. The police alleged that Soza’s statement incited the violence that followed, and charged him with encouraging physical harm against Jamali at a public gathering.
Isaiah Soza was arrested the day after the incident, on 19 October 2023, and remained in custody for five days before being granted bail. On 31 October 2023, he approached the Malawi Legal Aid Bureau’s Blantyre office to request legal representation. When granted, he was represented in Court by Senior Legal Aid Advocate Tupalishe Mulwafu.

The State presented three witnesses in support of its case in Court. After the Court ruled that Soza had a case to answer, the defence called two witnesses, including the accused himself.

In his defence, the Bureau argued that the charge against Soza was defective and that key elements of the offence were not satisfied. The Court ultimately agreed, ruling that the accused had not made a statement at an assembly as defined in the Penal Code, nor had he specifically named any individual or property in his remarks.

The Court also found no causal link between the accused’s statement and the subsequent vandalism at Jamali’s home, which had been carried out by unidentified individuals. Notably, State witnesses admitted they had no knowledge of who was involved in the violence.

In delivering its ruling, the Court held that the prosecution had failed to prove beyond reasonable doubt that Soza’s words were intended to incite violence or property destruction. As a result, he was acquitted of all charges.

Copied:Malawi Legal Aid Bureau