1

Table of Contents
Acronyms ........................................................................................................................................ 3
1.0 Introduction ......................................................................................................................... 5
2.0 Preliminary Findings and Analysis ..................................................................................... 6
2.1 The Pre-Demonstrations Period: A Brief Situation Analysis .......................................... 7
2.2 Events during and Post the Demonstration.................................................................... 13
2.2.1 Mzuzu .................................................................................................................... 13
2.2.2 Lilongwe ................................................................................................................ 16
2.2.3 Blantyre ................................................................................................................. 18
2.2.4 Zomba .................................................................................................................... 19
2.2.5 Karonga ................................................................................................................. 19
2.3 Developments in the Aftermath of the Demonstrations ................................................ 21
3.0 Conclusion ......................................................................................................................... 22
4.0 Recommendations ............................................................................................................. 24
4.1 The State President and Government ............................................................................ 24
4.2 The Malawi Police Service (MPS) ................................................................................ 25
4.3 Civil Society Organisations .......................................................................................... 26
4.4 The media ...................................................................................................................... 26
4.5 The General Public ........................................................................................................ 26









2

We, the members of the Malawi Human Rights Commission submit this Report pursuant
to section 129 of the Constitution as read with sections 12 and 13(e) of the Human Rights
Commission Act and commend the Report and its recommendations to the Government,
Parliament and the people of Malawi.
MEMBERS
Mr. John Kapito - Chairperson of MHRC
..........................................
Ambassador Mrs. Sophie Kalinde - Commissioner
............
Mr. Desmond Kaunda - Commissioner
..........
Mrs. Veronica Sembereka - Commissioner
............................................
Mr. Marshal Chilenga - Commissioner
..............................................
Mr. Shenard Mazengera - Commissioner
....................................................
Mrs. Gertrude Lynn Hiwa - Law Commissioner
............................................. - Commissioner
Justice Mrs. T. Chizumila (Rtd) - Ombudsman
............................................. - Commissioner
3

Acronyms
ACHPR African Charter on Human and Peoples Rights
AU African Union
CCAP Church of Central African Presbyterian
CSO Civil Society Organisation
CONGOMA Council for Non-Governmental Organisations
DC District Commissioner
DPP Democratic Progressive Party
FBO Faith Based Organization
FMB First Merchant Bank
ICESCR International Covenant on Economic, Social and Cultural Rights
ICCPR International Covenant on Civil and Political Rights
ICU Intensive Care Unit
KCH Kamuzu Central Hospital
MACRA Malawi Communications Regulatory Authority
MBC Malawi Broadcasting Corporation
MCP Malawi Congress Party
MDF Malawi Defense Force
MHRC Malawi Human Rights Commission
MIJ Malawi Institute of Journalism
MK Malawi Kwacha
4

MoH Ministry of Health
MPS Malawi Police Service
MSB Malawi Savings Bank
NGO Non Governmental Organisation
OIBM Opportunity International Bank of Malawi
OPC Office of the President and Cabinet
PAC Public Affairs Committee
PETRA Peoples Transformation Party
PP Peoples Party
PPM Peoples Progressive Movement
UDF United Democratic Front
UDHR Universal Declaration of Human Rights
UN United Nations
QECH Queen Elizabeth Central Hospital
ZBS Zodiak Broadcasting Station






3

1.0 Introduction

1.1 The Malawi Human Rights Commission (MHRC) is an autonomous
National Human Rights Institution established by section 129 of the
Republic of Malawi Constitution as read with section 12 of the Human
Rights Commission Act, Chapter 3:08 of the Laws of Malawi. The
mandate of MHRC is to protect and promote human rights in Malawi in
the broadest sense possible and to investigate violations of human rights
on its own motion or upon complaints received from any person, class of
persons or body.

1.2 MHRC has observed that there have been disagreements between the
Government and Civil Society on various issues. The disagreements have
led to a conflict situation. The conflict situation culminated in the
violence that ensued from the 20
t h
July 2011 Demonstration. The conflict
seems to be ongoing with further demonstrations planned for 17
t h
August
2011. It is imperative that various stakeholders should engage in
processes for resolution of the conflict using lawful means. The
Constitution of Malawi in section 13(l) obliges the State to activel y
promote the welfare and development of the people of Malawi by
progressively adopting and implementing policies and legislation aimed at
achieving the goal of peaceful settlement of disputes through putting in
place mechanisms by which differences are settled through negotiations,
good offices, mediation, conciliation and arbitration.

1.3 In view of the above, MHRC convened a special Commissioners meeting to discuss
prevailing human rights issues following the 20
th
July demonstrations.
Commissioners resolved to undertake comprehensive investigations into the events
surrounding the 20
th
July demonstrations and the violence that ensued pursuant to its
mandate of promotion and protection of human rights and investigation of violations
of human rights.

1.4 This Report covers the preliminary findings and recommendations of MHRC in the
course of its investigations. In circulating widely the information contained in this
Report to all stakeholders, MHRC is invoking its promotion and protection mandate
by ensuring that all stakeholders are adequately informed before taking any further
actions. This would in turn ensure the prevention of further violations of human rights
in whatever form and by any persons.

1.5 The Report also takes stock of the events surrounding the demonstrations with a view
to drawing lessons that should inform further actions by stakeholders. Further,
MHRC envisages that the information would facilitate access to effective remedies by
6

affected parties, promote conflict resolution, peace building and dialogue in resolving
issues of common concern to all people in Malawi.

1.6 This preliminary Report covers the events prior to, during and after the 20
th
July,
2011 demonstrations. MHRC deployed staff, led by Commissioners, on the ground to
investigate and document the demonstration-related violence. This promoted the
process of gathering information directly from victims of human rights violations,
eyewitnesses and others. Therefore, much of the information contained in this Report
is based on information received from MHRC stakeholders, human rights defenders,
human rights organizations, civil society organizations, media sources and other
individuals, including a large number of victims of human rights violations and
eyewitnesses.

1.7 The public response to the call by MHRC for information was positive leading to a
significant amount of information that will form the basis of a final comprehensive
report. However, the information gathered so far has some gaps that require further
work. Despite these gaps and further investigations to be done, MHRC notes that the
events relating to the demonstration raise a serious human rights situation in Malawi.

1.8 The evident breaches of fundamental rights and freedoms in the period under
consideration on such a large scale require thorough investigations and, with respect
to the perpetrators, full accountability. For these reasons, MHRC will in addition to
this preliminary Report, continue with its investigations. Thus MHRC emphasises its
call and plea to the Government of Malawi to grant the necessary support and access
required for MHRCs team of investigators to effectively accomplish this important
exercise. MHRC intends to provide a more extensive assessment of the human rights
situation in Malawi in light of the demonstration-related events in the final
comprehensive report.

2.0 Preliminary Findings and Analysis

The ensuing paragraphs outline the key findings of MHRCs fact finding exercise into the
events surrounding the 20
th
July Demonstrations. The findings pertain to the period
before, during and after the Demonstrations.


7

2.1 The Pre-Demonstrations Period: A Brief Situation Analysis

2.1.1 In order to put the findings and analysis of the events surrounding the 20
th
July
demonstrations and the violence that ensued into a proper perspective, an outline
of the background to the period is necessary.
2.1.2 The ensuing paragraphs detail this background which is derived from the Petition
that the CSOs presented to authorities on 20
th
July 2011. The issues were
compiled in a petition that CSOs earlier produced and submitted to authorities.
The continued existence of the issues variously raised by the CSOs ultimately
progressed into the economic, social and political factors that are contributing
factors to the 20
th
July demonstrations and the violence that followed.
2.1.3 The key issues include:
(a) The acute foreign exchange shortage;
(b) The acute fuel shortage;
(c) ElectriCity shortages;
(d) Lack of economic prudence;
(e) Corruption and abuse of power;
(f) Disrespect of the rule of law
(g) Deliberate efforts to avoid or interrupt the holding of Local Government Elections
(h) The University of Malawi crisis (failure to resolve the current stalemate between
the University Council and its two constituent Colleges) and
(i) Political intolerance and violence

2.1.5 Much as the issues are non-violent, they have negative implications for human
rights, human security and development, are structural and embedded in socio-
economic, legal and political sectors and are a manifestation of poor economic
and democratic governance.
2.1.6 In light of these issues, the CSOs made the following demands as
recommendations
Sell the Presidential jet and minimise all foreign trips by the Head of State;
Ban all importation of luxury cars (M/benz, Limousines, and Luxurious 4x4s).
Any new cars for the President, Ministers or State Officials must reflect our
impoverished state and should thus not be as ostentatious as in the past;
All foreign trips by Ministers and State officials must be severely curtailed
forthwith;
Superfluous costs such as the new 'eavesdropping' machine being installed at a
cost of US$6 million at MACRA merely to assuage creeping paranoia in an
unconstitutional manner must be discontinued and reversed forthwith;
8

Zimbabwe must immediately repay the US$20 million that has long been
outstanding for food supplied by Malawi. The payment can be made in cash or in
fuel;
Scrutinise all fertiliser imports for the previous year to track the fairness of the
pricing all those who have inflated their costings must be brought to book and
penalised for the full amount of overpricing as well as harsh penalties for
committing the crime.
Scrutinise all fuel imports for overpricing practices and bring the perpetrators to
book. All forex gained through such malpractices must be returned to Malawi
immediately;
Massive fuel importers such as Paladin (usage: 3,000 litres diesel per day) must
use their own forex reserves to bring in their fuel and should not drain Malawi's
scarce reserves;
Allow independent importation of fuel by any entrepreneur who has the means
this will break the stranglehold monopoly of PIL and open the market for free
competition;
Paladin's exports of 'yellow cake' must be checked to ensure that a fair market
price is being charged and the proceeds are being brought back to Malawi without
any transfer pricing;
Gemstone exports must be monitored closely by trained experts to ensure that fair
values are being declared. Malawi may have been short changed for decades in
this area due to lack of capaCity and negligence;
It may be necessary, in the short term, to listen to the IMF and devalue our
currency in order to gain their approval which would then open the doors for other
Donors to come in and pump much needed forex into our flagging economy. The
inflationary aspects of this can be countered by other anti inflationary measures.
It is essential to immediately mend fences with our long term development
partners, the British Government by apologising for the diplomatic faux pas and
making amends. Their contribution to our economy is too significant to shrug off
with cavalier disdain especially when it means that the poorest sections of
society will be worst afflicted by the suspension of British aid.
The bloated Cabinet must be trimmed to 14 members and their allowances of fuel
and air time adjusted to reasonable levels with immediate effect;

2.1.7 The CSOs proposed the time frame for the implementation of the
recommendations as follows
1. Within reasonable time adopt measures and actions so that there is availability of
and access to forex.
2. Within reasonable time adopt special measures to avail adequate forex to
9

Petroleum Importers Limited and other suppliers so that they are able to import
fuel without interruption.
3. Within reasonable time the ESCOM board and top management should be
replaced with independent experts who, within 3 months, must demonstrate that
the acute electriCity shortages have begun to reverse.

In addition, form a consultative forum which solicits input from all stakeholders who may
have valuable information, ideas and new concepts with which to tackle the issues of
capaCity and cost of power generation;
4. Within reasonable time the Anti corruption Bureau should commence an
investigation of all people implicated in the recent Malawi Housing house sale
scandal.
5. The Anti Corruption Bureau should start investigating ALL Cabinet Ministers and
public servants on the unexplained wealth that some seem to have accumulated
whilst holding office. The Penal Code calls upon all citizens to explain the source
of their wealth, All moneys stolen should be returned.
6. Within 1 month; The President should fully declare his assets, explaining sources
of funds to acquire and develop Ndata farm.
7. The First Lady's contract should be nullified and all earnings refunded back to
Government.
8. The Law Commission should set up a special law commission to revisit the Penal
Code and the Injunctions Bill, which should lead to submission of
recommendations within reasonable time.
9. The President should demonstrate good faith towards the Office of the Vice
President, starting by returning her official motorcade.
10. The Government should commit to hold Local Government Elections and not in
2014 as announced.
11. The University Council should immediately reinstate the four lecturers dismissed
during the academic freedom stalemate, and issue a statement committing that no
spies will be allowed in lecture rooms.
12. Issue a circular nullifying the instruction to require a deposit of MK 2, 000,000
for mass demonstrations.
13. Immediately stop unfair usage of MBCTV public broadcaster and television to
castigate and threaten those with dissenting views.
14. Immediately stop of disregarding of court orders by the Executive arm of
Government
15. Immediately provide drugs in all hospitals and clinics as lack of drugs is
frustrating health/care workers and patients.
16. Immediately look at addressing health human resource for Nurses.
17. Immediately address incentives of Nurses as of 300 have not been paid their
allowances for 3 years now.
10

18. To consider living wage as opposed to minimum wage and living wage raised to
MK25, 000 a month.
19. We demand decent jobs and conditions for all workers
20. We demand social protection system for the good of welfare of Malawians

2.1.8 The Governments failure to correct or to be seen as earnestly attending to these
issues contributed to increasing levels of disgruntlement in the citizenry. In some
cases, the Government actually issued out statements that made it to appear to
have taken defensive or safe-saving stances leading to a buildup of
discontentment on the part of the Malawi populace. For instance, in a national
address that the President made relating to some of these concerns, he virtually
absolved the Government of any responsibility and pushed blame for the various
issues of concern such as the fuel shortages, scarcity of forex, and calls for the
devaluation of Kwacha on other players such as fuel haulage companies,
Commercial Banks, Forex Bureaus, the IMF among others.

2.1.9 The period before the demonstrations was also characterised by a lack of, or
limitations of, space for open, constructive and objective dialogue between the
Government and other players, the Civil Society Organisations being the major
grouping, to constructively discuss issues of national importance. This fueled the
situation forcing the CSO to plan for a nation-wide demonstration to force
Government to positively respond to the national concerns. The situation
culminated in the CSOs resorting to mobilizing people to stage mass
demonstrations on the issues of concern. By 8
th
July 2011 as indicated by the
Nation Newspaper, these plans by the CSOs had reached an advanced stage.

2.1.10 The CSOs formed organising Committees which held meetings in Lilongwe,
Zomba, Blantyre, Mzuzu, Karonga and other districts. In Lilongwe, the Malawi
Police Service, City and district assemblies did not attend the meetings despite the
notice being sent to them until 19
th
July, 2011 when members of CSOs were
called by the District Commissioner of Lilongwe District for a meeting which
started at around 14:00 pm. In Blantyre and Mzuzu, Zomba, and Karonga, the
organizers had a good relationship and dialogue with the Police prior to the 20
th

July 2011 and the Police managed to attend the meetings organized by the CSO
assuring maximum protection on the day. For Zomba, the cordial relationship
between the demonstrations organisers and the Police contributed to a good
management of the demonstrations by the police which averted any violent
incidences.

2.1.11 In the course of the mobilisation of the masses by the CSOs to participate in the
demonstrations and indications from the media that relevant Government
authorities were non-committal on authorizing the demonstrations, MHRC issued
a Press Statement relating to the developments. MHRCs statement clarified the
nature and scope of the right to hold peaceful demonstrations and other related
11

rights as guaranteed in the Constitution of Malawi and relevant international
human rights instruments. Further MHRC clarified on the obligations and
responsibilities of Government and its agencies, the organisers of demonstrations
and the public at large on the right to hold peaceful demonstrations. MHRC
therefore called on the Government to guarantee the exercise of this right and the
organisers and the people of Malawi to have regard to the attendant
responsibilities at all times.

2.1.12 In the progression of the plans by the CSOs for the demonstrations other players
made public pronouncements of their support for the idea of the demonstrations or
indications that they would actually participate in the demonstrations. For
instance, the Vice President, opposition leaders such as John Z. Tembo of MCP,
Kamuzu Chibambo of PETRA, and Mark Katsonga of PPM made indications that
they would join the demonstrations. On its part the DPP members disseminated
information that discredited the organisers of the demonstration. On the 19
th
of
July 2011, a day before the demonstrations, DPP vehicles paraded people
wielding pangas and knives in the City of Blantyre chanting anti-demonstration
songs. In the ensuing chaos, a journalist who witnessed the event was hacked on
the head.

2.1.13 The pre-demonstration period was also characterised by an intensified
monopolization of MBC TV, the public broadcaster which has nation-wide
coverage by Government and the DPP. In this regard, MBC TV variously aired
information that amounted to propaganda and demonization of the planned
demonstrations and labeling it as a Gay Rights campaign, which was a clear
misinformation to the general public. In a related development, the public
broadcaster variously featured traditional chiefs who propagated messages against
the demonstrations planned for the 20
th
July 2011. However, the Broadcaster did
not at any occasion air, or feature people that were in support of the CSO-led
demonstrations.

2.1.14 Furthermore, the period was also characterised by heightened hostility towards
some private broadcasters such as ZBS which had one vehicle damaged and
another torched down by unidentified persons.

2.1.15 The actions of the President as well as some Government and DPP figures prior to
the demonstrations also compounded the ready volatile situation. For example on
one occasion, the President indicated that he would meet the CSO demonstrators
on the streets. Furthermore, the Presidents making of a public lecture on the day
of the demonstration also exacerbated the situation. The lecture was scheduled in
a manner that made it to coincide with the day that had long before been
earmarked for the demonstration, when evidently the lecture could have been
scheduled for a different date. This could have been a bid to divert peoples
attention from the demonstrations or dissuade people from participating in the
demonstrations. The Governments acquiescence to the moves of the DPP Young
12

Cadets that drove through the City of Blantyre in the ruling DPPs vehicles
blandishing panga knives and other arms in the presence of the Police and on the
eve of the planned peaceful demonstrations also heightened the volatility of the
situation.

2.1.16 The acceptance on the part of authorities for a counter demonstration on the same
day that the CSOs planned demonstration was to be held, also worsened the
situation. Through a press statement, the organisers of the counter demonstrations
indicated that the grouping would demonstrate on the same route as proposed by
the CSOs. The relevant authorities ought to have taken a pro-active role and
clarified the law on point to the grouping and the general public that the proposal
for the second demonstration was not tenable, and that in the event of a crash, the
earlier group to give notice takes precedence.

2.1.17 Events close to the 20
th
July also show inordinate delays on the part of the
relevant authority in authorizing the planned 20
th
July demonstrations. Interview
with the District Commissioner of Lilongwe, Mr. Paul Kalilombe indicated there
was confusion as to where the notice for demonstrations by the Civil Society
Organisations would be delivered. At first it was delivered to the Chief Executive
of Lilongwe City Assembly, but was later on delivered to the DC on the following
day. Upon receiving the notice, the DC called for a meeting with all concerned
parties like the CSO, the police and the Chief Executive of the City Assembly to
map the way forward. As events unfolded, it was evident that no authority clearly
came out to play their rightful roles in response to the CSOs notice to hold
demonstrations. On 19
th
July 2011 the Police was quoted in an article in the Daily
Times assuring people that they would provide maximum security to the
demonstrators. However, this did not get close to an express authority to the
CSOs to go ahead with the demonstration, which according to law, should have
come from the District Commissioner in consultation with other concerned
authorities (the police, the conveners of the demonstrations). This resulted in
confusion and uncertainty; a recipe for the chaos that followed. This could have
been averted if authorisation was clearly given in good time, creating for certainty
and ample room for the preparedness of relevant players to effectively respond to
the demonstrations.

2.1.18 The eventual obtaining of injunctions stopping both the planned demonstrations
and the counter demonstrations, on the eve of the demonstrations, by concerned
citizens: Mr. Chiza Mbekeani, through lawyer Mathews Chidzonde obtained
before Justice Chifundo Kachale; and Mr. James Willie and Mr. Rodrick Makapu
through Lawyers Denning Chambers, before Justice Potani in Lilongwe and
Blantyre respectively, worsened the already volatile situation. Reportedly, as
indicated by Mr. Mbekeani in an interview with ZBS, on July 31, 2011 he had
conceived the idea to stop the demonstrations long before the 20
th
July, and his
motive to obtain the injunction was based on good faith, i.e. to protect property,
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children, women, the disabled, the elderly and businesses owned by both
Government and private individuals.

2.1.19 The period that followed the courts restraint of the demonstrations was filled
with tension, uncertainty, and increased disgruntlement. Furthermore, in some
areas, the police compounded the situation by pre-maturely resorting to
employing force e.g. firing of teargas and beating people, in order to disperse
people that had gathered to demonstrate but was instructed by the demonstration
organisers not to commence the marching until the injunctions had been vacated.
This led to commotion and chaos. In some instances, the CSOs leaders did not
have a presence in the areas where people had gathered to demonstrate, e.g. at the
Lilongwe Community Ground. This was due to the strategy by the organisers to
initially convene at Lilongwe CCAP premises in order to strategise the march. In
Blantyre, the leaders had been disrupted by the Police, with whom they were
discussing the injunction and its implications. These scenarios resulted in
leadership gaps which left the crowd without guidance.

2.1.20 The totality of this situation: the uncertainty and anger created by the injunctions;
the absence of decisive leadership and guidance; the premature use of force by the
police; created a hostile atmosphere and precipitated the violence that ensued. In
the alternative, the Police could have used other measures other than force for
containing the crowd that was unarmed and relatively calm. This approach was
actually adopted in Zomba and evidently resulted in a different situation, whereby
the demonstrations took place without incidents of violence.

2.2 Events during and Post the Demonstration

The ensuing paragraphs outline the events that took place in the course of the
demonstrations on 20
th
July 2011 and in the aftermath of the demonstrations. MHRC
focused its investigations in the districts where the demonstrations were reported to have
taken place. The findings from these Districts are presented in the ensuing sections.
MHRC obtained relevant supporting documents on the information relating to reports on
deaths and people that were treated in hospitals discussed in the tables below.
2.2.1 Mzuzu
Church and Society of the Livingstonia Synod was coordinating the
demonstrations in Mzuzu;
On the 20
th
of July, the demonstrators gathered at Katoto Freedom Park to start
the marching to present a petition to Mzuzu Chief Executive Officer. Some police
officers were present to ensure security and order;
14

On the robots at the junction to Karonga road, they were met with the some police
officers who informed that an injunction had been obtained that stopped the
demonstrations and the demonstrators were advised to disperse;
This angered the demonstrators which resulted in running battles with the police;
Some of the demonstrators went on rampage, looting and vandalizing property.
Three DPP vehicles were set alight; two houses were set alight, one belonging to
Hon. Vuwa Kaunda and being used as Mzuzu DPP office and one belonging to
Mr. Philbert Ngoma, an employee of Airtel Malawi; Shops and Malawi Savings
Bank were also targeted in Mzuzu;
On 20
th
July, nine people died as a result of the violence; eight died as a result of
gunshot wounds, while one died of suffocation from tear gas.
The CSOs in Mzuzu made arrangements to bury the dead at Mzuzu Heroes Acre.
However, Government objected to the idea, and the dead were buried in a mass
grave in Zolozolo Township.
Below is the identities of the people that died and causes of deaths as provided by
the Ministry of Health:
Persons who died to Mzuzu Central Hospital
No Name Age Sex Report District
1 Chimwemwe Ngwira 21 Male Died either of Asphyxia due to teargas or
Hypoxia due to cardiologic shock or
Hypoxia due to respiratory distress.
Mzimba
2 King Msuku 43 Male Died of severe haemorrhage due to possibly
gunshot and penetrating deep wounds on the
chest.
Nkhata bay
3 Adam Banda 35 Male Died of severe haemorrhage due to gunshot;
deep penetrating wound on left neck and
upper jaw.
Lilongwe
4 Charles Chibambo 33 Male Died of severe haemorrhage due to gunshot;
deep penetrating wound on mid thoracic
region; one entry wound.
Mzimba
5 Abel Kanyenda 19 Male Died of ruptured viscera, spleen and
stomach due to gunshot. Radial pellets on
the chest x-ray compatible with bullets.
Mzuzu
6 Jacob Nyangali 25 Male Died of severe haemorrhage due to gunshot;
deep penetrating wounds on thoracic region.
Mzimba
7 Julius Kaunda 55 Male Died of head injuries possibly due to
gunshot; penetrating deep wounds on direct
left ear and skull; bleeding from ears and
Mzimba
13

nostrils.
8 Aaron Chilenje 30 Male Died of severe bleeding due to gunshot;
open fracture on left femur; massive tissue
destruction on left thigh.
Mzimba
9 Samson Ngulube 23 Male Died of ruptured viscera-Liver with severe
haemorrhage due to gunshot.
Mzimba

Mzuzu hospital also registered 21 casualties (17 were males and 4 were females).
The table below show the identities, diagnosis and status of the people that were
treated at the hospital:

Victims taken to Mzuzu Central Hospital alive
No Name Age Sex Diagnosis Status Home district
1 Robert Kuwali 34 Male Gunshot Operated on Nkhata bay
2 Timeyo Juwa 26 Male Gunshot Operated on Mzimba
3 Marko Simkonda 13 Male Gunshot Operated Chitipa
4 Alfred Ngulube 15 Male Gunshot Operated on and
right leg
amputated
-
5 Wongani Kasambala 22 Male Gunshot Wound treated
and discharged
Mzimba
6 Aaron Chitenje Not
known
Male Gunshot Died after
operation
Not known
7 Elia Munthali 15 Male Gunshot Wound treated
and discharged
Karonga
8 Mary Kasale 14 Female Gunshot Bullet retrieved Mulanje
9 Mphatso Gondwe 13 Female Gunshot Wound Karonga
10 Golden Kalua 38 Male Gunshot Operated on Not known
11 Andrew Nyasulu 17 Male Gunshot Wound on the
right shoulder
Mzimba
12 Winstone Mpuluka 26 Male Right hand cut Wound and
tendon repair
Chiradzulu
13 Mary Wilson 13 Female Fracture
sustained while
running
Back slab Mangochi
16

14 Abel Kanyenda 25 Male Gunshot Died after
operation
Mzimba
15 Esther Phiri 21 Female Gunshot Wound
debridement
Karonga
16 James Phiri 27 Male Gunshot Bullet removed Unknown
17 Steven Soko 29 Male Gunshot Wound Mzimba
18 Chaofu
Mwandemange
31 Male Gunshot Operated on Mzuzu
19 Samson Ngulube 43 Male Gunshot Died after
operation
Mzimba
20 Alex Jabili 25 Male Gunshot Operated on Mangochi
21 Chiza Mwanganya 35 Male Swollen elbow
due to trauma
X-ray and
treated
Mzuzu


2.2.2 Lilongwe

Demonstrators gathered at Lilongwe Community Centre;
Before the start of the demonstrations, the police informed the CSO leaders that
an injunction had been obtained stopping the demonstrations;
The CSO convened at Lilongwe CCAP church strategizing while waiting for their
lawyer, Mr. Wapona Kita, who was working on having the injunction vacated.
Some journalists and politicians were also there;
When the demonstrators were informed of the injunction by Mr. Mkwezalamba,
one of the organizers of the demonstrations, they were angered and started
chanting songs of discontent;
The police fired teargas and guns to disperse the crowd;
The crowd went on rampage, looting and destroying property;
Running battles between the police and the people ensued in town and townships
of Kawale, Areas 23 and 22 (near Works Training Centre).
The MDF joined to reinforce the MPS capaCity to provide security and order.
Below is the list of some of the properties that were looted and vandalized:

No Name Occupation Property destroyed Location/District
1 Chipiku Stores Shop Chipiku Stores looted Lilongwe
2 First Merchant Bank
(FMB)
Bank Vandalised Lilongwe
3 Opportunity
International Bank of
Malawi (OIBM)
Bank Vandalised Lilongwe
4 Kulima Gold Agricultural Looting Lilongwe
17

company
5 Peoples Trading Shop Supermarket Looted and set alight Lilongwe
6 Lilongwe Auctioneers
and Estate Agents
Auction and
estate agents
Looted and set alight Lilongwe
7 Pakeezah Investiments
Company
Retail shop Looted Lilongwe
8 Mulli Brothers Pharmaceutical
Company
Warehouse looted Lilongwe
9 Police houses Residential
houses
Set alight Lilongwe

The police invaded the CCAP Church where the CSO, some journalists and
politicians were hiding. The police, led by a Mr. Chirambo, beat up some CSO
leaders (Undule Mwakasungula, Billy Mayaya, Peter Chinoko, Benedicto
Kondowe and Rogers Newa); journalists (Kondwani Munthali, Amos Gumulira,
Isaac Kambwiri, Rabecca Chimjeka, Yvonne Sundu, Emmanuel Chibwana); and
politician Nancy Tembo, and other people including Jean Msosa and Anjimile
Mtila Oponyo despite being shown and told that the injunction had been vacated;
Violence and looting continued on 21
st
July 2011, a day after the planned
demonstrations. This was evident in Kawale, Area 25, Lumbadzi, Mponela and
Chinsapo where Peoples Trading Shop, Bata Shoe Company and Chipiku Stores
and a police unit were targeted;
The violence on 20
th
and 21
st
July resulted into 7 deaths in Lilongwe as recorded
at Kamuzu Central Hospital. One person (Elida Kampira) died on the 20
th
July
while the rest were deposited to the mortuary on the 21
st
July.
In Lilongwe the District Commissioner received a directive from the Office of
President and Cabinet to arrange coffins, transport and K30, 000 for funeral
arrangements for those who identified the dead bodies of their relatives.
Below is the list of the persons that died and the causes of their deaths.

Victims brought dead to Kamuzu Central Hospital, Lilongwe
No Name Age Sex Diagnosis Home district
1 George Thekere 21 Male Died of severe head injury due to gunshot Chiradzulu
2 Lovemore Navira 19 Male Died of haemorrhaegic shock due to
gunshot
Thyolo
3 Luka Ignasiyo 38 Male Died of haemorrhagic shock following
gunshot; crush fractures to the bilateral
femur; severed genetalia.
Dedza
4 Michael Ayami 36 Male Died of haemorrhagic shock following
gunshot injuries
Mangochi
5 Elida Kampira 24 Female Died of gunshot Lilongwe
6 Edward Phiri 24 Male Died of gunshot on the fore head Ntchisi
7 Unidentified Male
18

2.2.3 Blantyre

Demonstrators gathered at Victoria Hall led by CSO leaders with the police
around to ensure that there was security and order;
When news of the injunction reached the police, they decided to stop the people
from demonstrating. The people waited for the process of vacating the injunction
before marching;
Various radio stations (Capital FM, MIJ Radio and Joy Radio) in Blantyre were
airing a live coverage of the events as they unfolded. In the course of the
coverage, the Radio Stations were contacted by MACRA to stop airing the live
coverage. The stations were deemed by MACRA to be contravening the
Communications Act as they were perceived to be airing information that was
tantamount to inciting violence. MACRA followed up on its warning by shutting
down the radio stations for a period of close to four hours. Other radio stations
e.g. ZBS were also warned to stop airing the live coverage on the demonstrations.
When the injunction was vacated, the demonstrations started. However, there was
another group of people that did not follow the prescribed route. They started
looting and vandalizing property;
Running battles between the looters and the police ensued. The looting and
vandalism resulted in the destruction of property. Chipiku Store in Zingwangwa,
First Merchant Bank, NBS Bank and International Commercial Bank were
targeted;
Queen Elizabeth Hospital registered 2 deaths and 11 injuries as a result of the
violence that ensued. The 2 deaths occurred on 20
th
July 2011.
Below is the list of the identities of the dead and injured persons and causes of
death and injuries respectively:

Victims brought to Queen Elizabeth Central Hospital
No. Name Wound Type Age Resident Area Ward
1 Joseph Lingimani Gunshot 25 Ndirande Brought dead
2 John Mora Gunshot 13 Ndirande Brought dead
3 Philip Mkutu Deep cut 26 Chemusa Out-patient
4 Francis Songweje Cut 22 Chimwankhunda Out-patient
5 Evance Mtethe Multiple bruises 51 Nkhumbe Out-patient
6 Dean Zulu Gunshot 42 Mbayani Out-patient
7 Imani Zabula Gunshot 15 Chirimba ICU
8 Mphatso Mphoka Gunshot 25 Chirimba ICU
9 Griven Medi Gunshot 37 Chirimba 5A
10 Tenson Luhanga Gunshot 15 Chirimba 5A
11 Lackmore Misi Gunshot 18 Chirimba 5A
12 Chancy Chibaka Gunshot 24 Chilomoni 5A
13 Madalitso Seyani Gunshot 16 Chilomoni 5A

19


2.2.4 Zomba

Demonstrators gathered in readiness to march but were stopped because of the
injunction that stopped the demonstrations. After the injunction was vacated, the
demonstrators marched peacefully and delivered the petition to the DC with
police escort;
Some Chancellor College students were arrested when they were found looting
and vandalizing some property.

During the demonstrations and the violence that ensued on the 20
th
and 21
st
, the police
arrested 259 suspects. MHRC assisted in releasing 67 of the suspects in Mzuzu.

2.2.5 Karonga
The demonstrations in Karonga were coordinated by Karonga Youth
Development CBO which had a series of meetings with the police in preparation
for peaceful demonstrations;
Before the start of the demonstrations, there was communication that an
injunction had been obtained to stop the demonstrations. As a result, the
demonstrators were advised to wait for court proceedings that were working on
vacating this injunction;
When the injunction was vacated, the demonstrators marched peacefully to the
office of the DC to present the petition;
After delivering the petition, the people assembled for speeches and some people
started to leave the venue while the leaders were still addressing them.
When the people were going back from the DC to their respective homes,
violence broke out because some people started to loot and vandalise property;
Below is the list of the property that was destroyed:
No Name Occupation Property destroyed Location/District
1 S/Chief Kalonga Chief Personal vehicle burnt Karonga
2 Ministry of Water
Development and
Irrigation
Ministry MG vehicle burnt Karonga
3 Mr. Chaponda Employee of
Ministry of Water
Development and
Irrigation
Personal vehicle burnt Karonga
4 Chipiku Stores - Chipiku building burnt Karonga
5 Bata shoe company - Bata shop looted Karonga
20

6 Pep store - Pep store looted Karonga
7 Greenwitch - Greenwitch house destroyed Karonga
8 Total Filling
Station
- Filing Station destroyed Karonga
9 Simama buildings Businessmen
(Chinese stores)
Shops looted Karonga
10 Mphasa shop Airtime seller Shop destroyed Karonga

The police used teargas and live bullets to bring order;
The police arrested 36 suspects, 8 women and 28 men as perpetrators of the
violence;
One person, Mavuto Banda was shot dead by the police on the 20
th
of July. The
postmortem report indicated that he had open wounds on the left upper lobe of
the lungs and upper aspects of the liver. Gun bullet was found buried in the chest
muscles;
Three other persons were also injured by the shooting. These are: Kondwani Jere,
a guard at MRA who was shot on the upper knee area. He was shot around the
Chitipa-Karonga-Mzuzu roundabout; Ella and Bertha Ndileke who were shot at
their home around 19.20 hours when they were about to retire to bed; Ella was
shot on the foot while Bertha was shot on the calf muscles of the right leg.
Below is the list of casualties in Karonga.

Victims of July 20, 2011 registered at Karonga District Hospital

No Name Age Sex Status District
1 Madalitso Mponda 17 Male Shot on the left hand Karonga
2 Chancy Mwanyongo 22 Male Shot on the left femur Karonga
3 Michael Mwambila 26 Male Shot on the left proximal arm Karonga
4 Kondwani Jere 34 Male Shot on the left thigh Karonga
5 Winfred Ngosi 18 Male Shot on the right femur and
thigh
Karonga
6 Owen Sichali 17 Male Shot on the cheek Karonga
7 Ella Ndileke 18 Female Shot on the left foot Karonga
8 Bertha Ndileke 19 Female Shot on the calf of the right
leg
Karonga

21

2.3 Developments in the Aftermath of the Demonstrations
2.3.1 There were continued incidences of violence characterized by shooting, looting arrests
and beatings. These incidences of violence are what resulted into numerous deaths and
injuries as reported above. This signifies police failure to effectively respond to the
situation, particularly since the previous day (20
th
July) had already registered spates of
violence, which should have put the police on high alert.
2.3.2 In separate public statements, the President initially registered regret for the loss of life
and damage to property that emanated from the events surrounding the demonstrations.
In a later statement, while presiding over the graduation of Police recruits the President
expressed his cynicism particularly questioning if fuel or forex was now available in
Malawi following the demonstrations. On another occasion, the President blamed the
leaders of the CSOs and opposition politicians for the violence that ensued during and
after the demonstrations. Yet in another statement, the President expressed his readiness
to meet the CSOs for dialogue on issues raised. On other occasions the President also
stated that he would hunt for those that were responsible for the demonstrations smoke
them out. He further indicated that those whose property was destroyed had to sue the
organizers of the demonstration. Furthermore, Government through the Police issued
statements to the effect that the police did not use live bullets on the day of the
demonstrations, the 20
th
but on the 21
st
as on this day people were engaged in criminal
activities.
2.3.3 A number of FBOs such as Catholic Bishops issued out statements calling the State
President to listen to peoples cries and genuinely respond to them. In addition a New
York based international media body (Committee to Protect Journalist (CPJ)) and MISA
issued out a statement condemning the banning of radio stations from broadcasting live
the demonstrations and described the action as superfluous, unconstitutional and
retrogressive as it take away the right of people to access information.
2.3.4 Some NGOs and opposition UDF warned the President of more protest if the Civil
Society and political leaders are arrested. PAC also said that the Presidents remarks fell
short of peoples expectations as they contradicted his earlier call in the national address
for contact and dialogue. PAC indicated that naming of people who should be arrested
and his appeal to the Judiciary to deal with the matter fairly are unacceptable and
amount to influencing law-enforcing agents.
2..3.5 On 31
st
July, Sunday Nation reported that the petition by organizers of the July 20
demonstrations to President Bingu wa Mutharika was yet to reach the Head of State.
Several Government officials including Information Minister, indicated that Hon. Symon
Vuwa Kaunda and Presidential spokesperson, Dr. Hetherwick Ntaba were not aware if
the petition had reach the President.
2.3.6 The First Lady, Madam Callista Mutharika made comments on
2nd
August 2011 when she
officially opened Matuli Health Centre in Mzimba that the NGOs were fighting for petty
issues such as good governance, fuel shortage and minority rights. She accused NGOs of
soliciting money from donors to stir unrest and disturb peace in the country. She also
22

indicated that 85% of Malawians live in the villages and do not need fuel for vehicles and
forex to travel abroad. She told the crowd that what they need is subsidized fertilizer to
have more maize to eat not go to the streets to fight for little issues.

3.0 Conclusion
3.1 The investigations by MHRC have so far shown that gross human rights violations took
place before, during and after the 20
th
July Demonstrations. MHRC notes with concern
the death of 19 people and the destruction of property on 20
th
July and thereafter. MHRC
condemns the use of lethal force against peaceful demonstrators and urges the Malawi
Government to protect civilians and respect fundamental freedoms, including the
freedoms of expression and assembly. MHRC condemns the looting and the destruction
of property that ensued from the demonstrations.
3.2 MHRC finds that the following human rights were violated in the violence that emanated
from the demonstrations: the right to life (not to be arbitrarily deprived of life); the right
to personal liberty; the right to human dignity; the right not to be subjected to cruel,
inhuman or degrading treatment or punishment; the right to freedom and security of the
person; the right not to be arbitrarily deprived of property; the right to freely engage in
economic activity, to work and pursue a livelihood anywhere in Malawi; the right to
freedom of expression; the right to right to report and publish freely within Malawi and
abroad (freedom of the press); the right of access to information and the right to assemble
and demonstrate with others peacefully and unarmed.
These human rights are guaranteed by the Republic of Malawi Constitution in sections:
16; 18; 19(1); 19(3); 19(6); 28; 29; 35; 36; 37; and 38 respectively. These human rights
are also provided in a number of international human rights instruments that Malawi has
ratified such as: the United Nations International Covenant on Civil and Political Rights;
the United Nations Covenant on Economic, Social and Cultural Rights; the African
Charter on Human and Peoples Rights and the Convention against Torture, Cruel,
inhuman or degrading treatment or punishment. The human rights are also embodied in
the Universal Declaration of Human Rights, to which Malawi subscribes and is part of
the Laws of Malawi.
3.3 MHRC affirms that the people in Malawi have the right to hold demonstrations
peacefully and unarmed. The state is the primary duty bearer to ensure that this right is
effectively realized. To this end, the Constitution of the Republic of Malawi in section
153 and the Police Act Chapter 13:01 of the Laws of Malawi in section 4 obligates the
Police to preserve law and order and to protect life, property, fundamental freedoms and
rights of individuals, and to protect public safety. Clearly, the events surrounding the 20
th

July Demonstration indicate that the Police did not effectively perform this role. For the
most part, the manner in which the Police managed the Demonstrations of the 20
th
July
failed to meet the threshold set out in part 9 of the Police Act. The police
disproportionately used firearms in quelling the situations that emanated from the
23

demonstrations. This contravened the provisions of the Police Act (sections 44 and
105(5) and relevant constitutional provisions and international human rights standards.
3.4 MHRC further observes that the eruption of the violence was precipitated by a number of
structural causes, including the roles of public institutions e.g. MACRA, MBC TV and
the Police. For example, the state broadcaster contributed to a worsening situation
through biased reporting of events that surrounded the demonstration and broadcasting of
propaganda.
3.5 Further, while the violence on the 20
th
July was for the most part sporadic the incidences
of violence that followed on the 21
st
July took a structured pattern, for example the
characteristics of the places on which the violence was targeted, e.g. Police officers
houses and businesses deemed to belong to DPP supporters or sympathizers.
3.6 The findings also bring out the issue of leadership gaps on the part of the organisers in
directing the people that had gathered to participate in the demonstration. To a large
extent this arose from instances where the police intervention led to their protracted
engagement with the leaders. In turn, the people were left without leadership
3.7 The injunctions that were obtained on the eve of the day earmarked for the demonstration
was the ultimate trigger of the injunctions.
3.8 In the final analysis, the developments surrounding the demonstrations bring to the fore
issues of a lack of common values between the rulers and the ruled. The events also
signify a failure of a system for the peaceful resolution of differences that is envisaged in
the Constitution in section 13(l). This makes it imperative for the events surrounding the
20
th
July demonstrations and the ensuing violence to be carefully examined, with a view
to drawing lessons that should inform future actions.











24


4.0 Recommendations

In view of the findings in this preliminary report, MHRC makes the following
recommendations:
4.1 The State President and Government

i. MHRC takes cognizance of the fact that Malawi is a State party to the core
international human rights treaties, including the International Covenant
on Civil and Political Rights. Further that Malawi has a Bill of human
rights entrenched in the Constitution. Thus, MHRC calls upon the Malawi
Government to ensure that human rights, in particular, the rights to life,
liberty and security of person, human dignity and freedom from cruel,
degrading treatment or punishment are protected in all circumstances,
including in the context of efforts to maintain law and order.
ii. The Government should ensure that the people that were affected by the
violence that ensued during and after the demonstrations, including
subjection to human rights violations access effective remedies.
iii. Government should facilitate the conduct of credible and impartial
investigations and prosecution of those found responsible for the killing of
people, looting and destruction of property during and after the
demonstrations. In particular, the Government should cooperate fully with
and grant every access to personnel from MHRC to conduct further
investigations into the 20
th
July Demonstrations related violence.
iv. It is imperative that the Government as obliged under section 13(l) of the
Constitution should adopt mechanisms for peaceful settlements of
disputes. To this end, the President and Government should provide and
maintain channels for contact and dialogue. In this regard, a culture of
tolerance should be inculcated in the Government machinery to avert
situations where people have to resort to demonstrations to communicate
contrary views. Evidently, where demonstrations turn violent, the
consequences are far-reaching and development is derailed. The President
should arise above party politics and effectively address issues of national
interest. The President and Government should desist from making
provocative remarks that may fuel further violence and instead work
towards reconciliation of differences.
v. The President and the Government should acknowledge and objectively
and meaningfully address the state of affairs raised in the petition as issues
23

of concern to the people in Malawi. In this regard, the President and
Government should be guided by the Constitutional principles set out in
Section 12 (a), (b) and (c) of the Constitution as follows:
(a) all legal and political authority of the State derives from the people of
Malawi and shall be exercised in accordance with this Constitution
solely to serve and protect their interests;
(b) all persons responsible for the exercise of powers of State do so on
trust and shall only exercise such power to the extent of their lawful
authority and in accordance with their responsibilities to the people of
Malawi
(c) the authority to exercise power of the State is conditional upon the
sustained trust of the people of Malawi and that trust can only be
maintained through open, accountable and transparent Government
and informed democratic choice.
vi. Government should acknowledge the fact that people have got a right to
hold demonstrations peacefully and unarmed. While the right is not
absolute, it can only be limited in accordance with the law. Therefore the
relevant authorities should not inordinately delay responding to notices for
people to demonstrate.
vii. Government should refrain from interfering through its machinery or
otherwise in instilling fear or violence in the people;
4.2 The Malawi Police Service (MPS)

i. The Police should professionally and independently execute their duties at
all times.
ii. The Police should ensure that the use of force and firearms is guided by
the law. The Police should observe the threshold provided in the Police
Act on their roles with regard to assemblies and demonstrations.
iii. Police should refrain from a culture of violence and disrespect of human
rights.
iv. The police should thoroughly investigate the disproportionate use of
firearms during the demonstrations and in the aftermath and ensure that all
those implicated are duly prosecuted.

26

4.3 Civil Society Organisations

a) CSOs should meet the threshold set in part 9 of the Police Act in planning
and executing demonstrations, in particular putting in place effective
leadership (conveners) for the demonstrations.
b) CSOs (Organizers of demonstrations) should intensify civic education and
adequate dissemination of information before the conduct of such events.
In particular, they should ensure the effective mobilisation of the masses
to exercise the human rights in question with due regard to corresponding
responsibilities.
c) CSOs should ensure proper planning of demonstrations, including issues
of timing, meeting places, routes, and strategies and points of dispersal etc
and adequate consultations with relevant stakeholders.
d) CSOs should give chance to dialogue before calling for another
demonstration.

4.4 The media
Media should provide fair coverage of events and desist from reporting that may incite
hostility and violence.

4.5 The General Public

i. People in Malawi should take cognizance of the fact that the exercise of
the right to demonstrate peacefully and unarmed has attendant
responsibilities. These should be respected in the exercise of the right.
ii. People should respect authority of the MPS as they execute their duties
responsibly.