Mzuzu based social media influencer Julius Zawanda Mithi, who was arrested last week has now been released on court bail.
Mithi was arrested and charged using the Electronic Transactions and Cyber Security Act following complaints from the National Registration Bureau (NRB) and Malawi Electoral Commission (MEC) after a Facebook post published on March 19 2025.
The post read: “News flash! Unverified but from JFM Reliable Source. 1,152,091 Malawian Eligible voters deleted in National Registration Bureau and MEC systems.”
MEC disputes that more than a million eligible voters’ names were deleted from the voter register.
National Police spokesperson Peter Kalaya told the media post by Mithi contained falsehoods on a sensitive matter.
“Elections are an activity that is very emotive. Anything wrong about them can plunge the country into chaos,” said Kalaya.
Mithi has been charged with Offensive communication”. He has pleaded not guilty to the charge.
Private practice lawyer Sylvester Ayuba James, himself a renowned social media personality, offered free legal services to Mithi.
Malawi will hold high stakes national elections in September this year.
Civil rights activists say they are worried the Malawi government is now suppressing freedom of expression by arresting people over social media posts saying such actions will affect people’s participation in elections.
“The elections are being held at a time where restrictive use of criminal defamation laws such as section 200 of the Penal Code of Malawi threatens freedom of expression and access to information,” Senior Partnerships and Programs Manager for Paradigm Initiative, Thobekile Matimbe told the media in Lilongwe at a press conference jointly held with Youth and Society (YAS), and the Centre for Human Rights
and Rehabilitation (CHRR).
“International standards, such as the African Commission on Human and Peoples’ Rights (ACHPR) Declaration of Principles on Freedom of Expression and Access to Information have, in Principle 22, called on States to amend criminal defamation laws in favour of civil sanctions,” Matimbe said, adding: We note the most recent arrest of Julius Mithi, who was arrested after a post he made online regarding the voter registration database.”
CHRR Executive Director, Michael Kaiyatsa said the government should make sure that people are able to use the internet without fearing that someone is spying on them.
YAS Executive Director, Charles Kajoloweka also expressed worry over Malawi Communications Regulatory Authority’s decision to procure an integrated system for tracking misinformation and disinformation, saying the machine could be used to violate people’s right to privacy.
