Malawi - July 2025

On 16 July, Malawi’s Constitutional Court delivered a judgement striking down a section of the penal code criminalising defamation, finding that it was a disproportionate and unjustified restriction on freedom of expression and therefore unconstitutional. The ruling, which took had immediate effect, prohibits further prosecutions under the offending provision. It was welcomed by the Malawian chapter of the Media Institute of Southern Africa, which said that the threat of prosecution for defamation had had a chilling effect on journalists, activists and ordinary citizens. The case was brought by social media activist, Joshua Chisa Mbele, who had been charged with defaming Malawi’s then-Army Commander, General Vincent Nundwe. 

Sources: Southern African Litigation Centre (1), Centre for Human Rights - University of Pretoria, Africa Legal, Southern African Litigation Centre (2)