..strikes down section 200 of the penal code
..Mneneri Chisa Mbele challenge to arrests
Blantyre, Malawi. July 16, 2025: In a landmark decision, the High Court of Malawi sitting as the constitution court has declared Section 200 of the Penal Code criminalising defamation, unconstitutional, marking a major victory for freedom of expression. Ending Years of calls to repeal it that fell on deaf political ears.
A three-judge panel comprising Justices Kachale, Mwale, and Mvula unanimously held that the provision imposes an unjustifiable restriction on free speech and fails to meet constitutional standards for limiting fundamental rights. The Court ruled that criminal defamation is “disproportionate, unnecessary, and incompatible with Malawi’s democratic framework.”
This means the Malawi Police can no longer arrest any Malawian on charges of defaming anyone. The section was used to silence critics of the political powers by successive governments.
The judgment arose from a constitutional challenge by a social media influencer and businessman Joshua Chisa Mbele who was facing charges under Section 200. He argued that criminal sanctions for defamation created a chilling effect on free expression and that civil remedies were sufficient to protect individual reputations. The State, represented by the Attorney General, defended the law, asserting that it was a legitimate tool for safeguarding dignity and maintaining public order.
In its ruling, the Court highlighted the supremacy of the Constitution and the high threshold required for limiting constitutional rights under Section 44(2). It emphasized that civil defamation laws already offer adequate redress and that criminalising defamation was both outdated and susceptible to abuse.
Drawing on comparative jurisprudence including decisions from regional African courts and Commonwealth jurisdictions, the Court noted a growing international consensus toward decriminalising defamation as a matter of democratic principle.
Ultimately, the Court struck down Section 200 of the Penal Code, declaring it void and unconstitutional. It further ordered that no future prosecutions be initiated under the provision. Each party was directed to bear its own legal costs.
This means Section 200 of the Penal Code, which criminalised defamation, is declared unconstitutional.
“The provision is struck down with immediate effect. No future prosecutions can be initiated under the repealed section,” reads the brief summary of judgement.
Legal experts have hailed the decision as a significant step toward safeguarding media freedom and democratic discourse in Malawi.
