THE CHASOWA
COMMISSION OF REPORT
This report contains graphic images
ii
TABLE OF CONTENTS
TABLE OF CONTENTS....................................................................................................................... iii
ACKNOWLEDGEMENTS .................................................................................................................. vii
LIST OF ABBREVIATIONS .............................................................................................................. viii
LIST OF APPENDICES ........................................................................................................................ ix
EXECUTIVE SUMMARY .................................................................................................................... 1
1.1
Introduction ........................................................................................................................... 12
1.2
Terms of Reference ............................................................................................................... 12
1.3
Composition of the Commission ........................................................................................... 13
1.4
Support Staff.......................................................................................................................... 14
1.5
Structure of the Report .......................................................................................................... 14
1.6
Procedure Adopted ................................................................................................................ 15
1.7
Challenges ............................................................................................................................. 16
CHAPTER TWO .................................................................................................................................. 17
FACTUAL BACKGROUND ............................................................................................................... 17
2.1
The identity of Robert Chasowa ............................................................................................ 17
2.2
Events prior to the death of Robert Chasowa ........................................................................ 18
2.2.1
20th July demonstrations................................................................................................ 18
2.2.2
Plans to prevent the 17th August demonstrations .......................................................... 19
2.2.3
Robert wanted by the Police ......................................................................................... 24
2.2.4
The night of Robert’s death .......................................................................................... 27
2.2.5
Discovery of the body ................................................................................................... 28
2.2.6
Date and time of death .................................................................................................. 31
2.2.7
Cause of death and results of post-mortem examination .............................................. 31
CHAPTER THREE .............................................................................................................................. 34
CONDUCT AND EFFICIENCY OF THE MALAWI POLYTECHNIC ADMINISTRATION......... 34
3.1
3.2
3.3
3.4
3.5
Management response to the incident ................................................................................... 34
Lack of security ..................................................................................................................... 34
Gates and security lighting .................................................................................................... 37
Discovery of the alleged suicide notes .................................................................................. 37
Discovery of the phone in the room ...................................................................................... 38
CHAPTER FOUR................................................................................................................................. 39
CONDUCT, EFFICIENCY AND PROFICIENCY OF THE MALAWI POLICE SERVICE IN
HANDLING AND CONCLUDING THE INVESTIGATION SURROUNDING THE DEATH....... 39
iii
4.1
Management of the scene of incident .................................................................................... 39
4.2
Guards on duty on the night of 23rd September ..................................................................... 39
4.3
Post-mortem examination...................................................................................................... 41
4.4
Press Statement...................................................................................................................... 41
4.5
The suicide theory ................................................................................................................. 42
4.6
Further investigations ............................................................................................................ 44
CHAPTER FIVE .................................................................................................................................. 46
THE POLITICAL DIMENSION .......................................................................................................... 46
5.1
Robert’s involvement in youth organisations ........................................................................ 46
5.2
Attempts to meet with the then State President ..................................................................... 47
5.3
Interaction with the Police ..................................................................................................... 48
5.4
YFD publications................................................................................................................... 49
5.5
The wider political dimension ............................................................................................... 50
CHAPTER SIX ..................................................................................................................................... 58
FINDINGS ............................................................................................................................................ 58
(a)
The identity of Robert Chasowa ............................................................................................ 58
(b)
Friends and Associates .......................................................................................................... 58
(c)
Political activism ................................................................................................................... 59
(d)
Interaction with politicians .................................................................................................... 59
(e)
Interaction with the Police ..................................................................................................... 60
(f)
Date and time of death........................................................................................................... 61
(g)
Exact place of death............................................................................................................... 62
(h)
Cause and nature of death...................................................................................................... 62
(i)
Results of post-mortem examination ..................................................................................... 62
(j)
Alleged suicide notes............................................................................................................. 62
(k)
Conduct of the Polytechnic Administration .......................................................................... 63
(l)
Conduct of the Police ............................................................................................................ 65
(m)
Conduct of politicians............................................................................................................ 68
(n)
Circumstances of death.......................................................................................................... 70
(o)
Identity of possible suspects .................................................................................................. 70
CHAPTER SEVEN .............................................................................................................................. 72
RECOMMENDATIONS ...................................................................................................................... 72
1.
Malawi Police Service ........................................................................................................... 72
2.
The Malawi Polytechnic Administration............................................................................... 73
3.
Political parties and politicians.............................................................................................. 74
iv
Tel: 0111 738 725
Email:[email protected]
ROBERT CHASOWA COMMISSION
OF INQUIRY ,
PRIVATE BAG 250,
LILONGWE ,
MALAWI.
Correspondence should be addressed to:
The Chairperson
20th September, 2012
Ref. No. RC/ 16
Her Excellency the State President,
Mrs. Joyce Banda,
New State House,
Lilongwe.
Your Excellency,
COMMISSION OF INQUIRY INTO THE DEATH OF THE LATE
ROBERT CHASOWA
On 13th April, 2012, it pleased Your Excellency to issue a Commission of
Inquiry to inquire into all aspects surrounding the death of the Late Robert
Chasowa who was a student of the Malawi Polytechnic, a constituent College of
the University of Malawi.
Your Excellency was further pleased to appoint us Commissioners to
undertake the inquiry and to report our findings and recommendations to you. We
now have the honour to present to Your Excellency, the Report.
Yours respectfully,
Justice of Appeal Andrew K. Chotcha Nyirenda, SC
CHAIRMAN
v
………………………………………………….
Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired)
Member
………………………………………………….
Professor Ndalama George Liomba
Member
…………………………………………………
Mrs. Sophie Kalimba
Member
………………………………………………….
Mr. Paul Maulidi
Member
…………………………………………………
Mrs. Mary Mangwiza Manyusa
Member
vi
ACKNOWLEDGEMENTS
We, the Commissioners wish to take this opportunity to express our
gratitude to the State President, Her Excellency Mrs Joyce Banda, for the great
honour in appointing us to the Commission of Inquiry into the death of the Late
Robert Chasowa and for the trust reposed in us to undertake the task.
The Commissioners acknowledge, with appreciation, the financial and
administrative support from the Government of Malawi, through the Office of the
President and Cabinet and the Ministry of Finance.
The Commissioners would like to thank the Chief Executive of Blantyre
City Council for allowing us to use the Council premises for the most part of the
Commission’s sessions.
The Commissioners would like to express their indebtedness to all those
people who spared their time to come and testify before the Commission.
The Commissioners would like to convey their gratitude to the support
staff of the Commission who worked diligently behind the scenes.
The Commissioners would like to thank the Secretary for the Commission,
Mrs. Annabel Mtalimanja, for well and ably managing the entire process of the
Commission.
In the course of the inquiry the Commission was saddled with two sad
events. Commissioner Mr. Paul Maulidi lost his wife. Soon thereafter
Superintendent George Mnjale, who was the Commission’s lead investigator,
also lost his wife. The Commissioners and the entire support staff were deeply
shocked at these developments. The Commissioners and the entire support staff
convey their most profound and hearty condolence to the family of
Commissioner Maulidi and the family of Superintendent George Mnjale.
vii
LIST OF ABBREVIATIONS
C.C.A.P
Church of Central Africa Presbyterian
C.I.D
Criminal Investigations Department
COM
College of Medicine
CSO
Civil Society Organisation
CU
Catholic University
DPP
Democratic Progressive Party
IG
Inspector General
IPI
Institute of Policy Initiative
MPS
Malawi Police Service
MRA
Malawi Revenue Authority
NPL
Nation Publications Limited
NVYO
New Vision Youth Organisation
PSU
Polytechnic Students Union
RCIO
Regional Criminal Investigations Officer
SDA
Seventh Day Adventist Church
SFGS
Security Force Guard Services
SRPH
Southern Region Police Headquarters
TA
Traditional Authority
UCIO
Urban Criminal Investigations Officer
UNIMA
University of Malawi
YFD
Youth for Freedom and Democracy
ZDB
Zero Deficit Budget
viii
LIST OF APPENDICES
Annex 1
:
Rules and Procedures adopted the Commission
Annex 2
:
List of witnesses interviewed by the Commission
Annex 3
:
Documents for the hiring of motor vehicle registration
Number MN 2452 from Country Wide Car Hire
Annex 4
:
Record of Duncan Phiri’s mobile phone (0992 222 277)
transactions of 18th August, 2011
Annex 5
:
Record of Lillian White’s mobile phone (0995 426 458)
transactions of 23rd September, 2011
Annex 6
:
Record of Allan Chipwere’s mobile phone (0999 028 279)
transactions of 24th September, 2011
Annex 7
:
Alleged suicide note to the father
Annex 8
:
Poem entitled “Life is a Mystery”
Annex 9
:
Post-mortem examination preliminary Report
Annex 10
:
Final Post-mortem examination Report
Annex 11
:
Press Statement from the Malawi Police Service dated
25th September, 2011
Annex 12
:
Handwriting expert opinion Report from the Malawi
Police Service
Annex 13
:
Handwriting expert opinion from the South African
Police Service
Annex 14
:
Copy of the Late Robert Chasowa’s diary entry of 16th June,
2011
Annex 15
:
Record of the Late Robert Chasowa’s mobile phone
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(0999 937 005) transactions of 18th July, 2011
Annex 16
:
Copy of the Late Robert Chasowa’s diary entry of
12th August, 2011
Annex 17
:
Copies of YFD Weekly Political Update Volumes 3A to
6A
Annex 18
:
Copies of bank statements for Mr. Mike Chitenje’s
Bank account with FDH Bank
x
EXECUTIVE SUMMARY
Introduction
On the morning of 24th September, 2011, a male student by the name of Robert
Chasowa was found dead on the campus of the Malawi Polytechnic, a
constituent College of the University of Malawi. The cause of death and the
circumstances surrounding the death were mysterious. On 13th April, 2012, Her
Excellency the State President, Mrs. Joyce Banda, issued a Commission of
Inquiry to inquire into all aspects surrounding the death.
Terms of Reference
The broad Terms of Reference of the Commission were to establish the identity
of Robert Chasowa, his social and political activities, the time and place of his
death, the cause of death and to determine all other circumstances surrounding
his death; to inquire into the conduct and the manner in which the Malawi
Police Service handled the investigation of the death; to establish the identity of
possible suspects complicit in the circumstances surrounding the death of
Robert Chasowa and to make findings and relevant recommendations.
Factual background
The identity of Robert Chasowa
Robert Ishmael Chasowa, as were his full names, was born on 20th March, 1986.
His parents, Austin Kings Chasowa and Chrissie Rebecca Chasowa and the rest
of the siblings live at Kameza Township in Blantyre. Robert was the third born
of six children of the family. At the time of his death Robert was a 4th year
Mechanical Engineering student at the Malawi Polytechnic. He was a member
of the Seventh Day Adventist Church. According to his family and most of his
friends, Robert was a very friendly person and was very close to his family.
Robert was the only child who went to University in his family.
1
Events prior to the death of Robert Chasowa
20th July 2011 demonstrations
On the 20th July 2011 Civil Society Organisations (CSOs) staged
demonstrations against government. A few days after the demonstrations the
CSO leaders announced that there would be other demonstrations on 17th
August, 2011.
Plans to prevent the 17th August demonstrations
After the 20th July demonstrations, Robert and his associates, Duncan Phiri,
Phaniso Mhone and Justice Kangulu, “the group”, met to review the impact of
the demonstrations on the country, in particular the youth. They thought the
youth suffered most injuries and deaths while the CSO leaders, who remained in
the background, were mostly spared. It was also their assessment that there was
massive destruction of property resulting into further hardship to the economy
and that further demonstrations would cause the country to spiral into anarchy.
The group then conceived a plan to work with the Police to prevent the
demonstrations that were scheduled for 17th August. On 5th August, 2011
Duncan Phiri contacted the former Inspector General, Mr. Peter Mukhito to
present to him the plan to prevent the scheduled demonstrations. The group met
Mr. Mukhito at the National Police Headquarters on 7th August and presented
the plans. Mr. Mukhito was persuaded and he immediately made some payment
to the group for their initial activities including hiring a vehicle for them.
The plan was to reach out to Civil Society leaders responsible for organizing the
demonstrations to persuade them to cancel the demonstrations and also students
in colleges to persuade them to speak against the demonstrations. The plans
soon fell through because the group was failing to persuade the people they
approached. The Police became aware of that fact and cancelled the engagement
on 13th August 2011. According to the Police, they approached the Civil Society
leaders themselves and persuaded them to cancel the demonstrations.
The group felt they had assisted in some way in getting the demonstrations
cancelled. They called Mr. Mukhito for the money they had been promised,
which according to Duncan Phiri, was K10 million. The Police denied
promising the group K10 million but accepted that the group would have been
2
paid something if their plans had worked. Nothing was paid because the group
had failed. According to Duncan, after several calls to Mr. Mukhito the group
gave up and they disbanded. Duncan said Robert was unhappy and felt they had
been used.
Robert wanted by the Police
After the group disbanded Duncan Phiri and Phaniso Mhone noticed that Robert
was working with Alex Black Moses who was distributing publications entitled
“Youth for Freedom and Democracy: A weekly Political Update”. These
publications were critical of the Government and its leadership. The
Commission established that although Robert interacted with the group to
prevent the 17th August demonstrations, he had long been working with Alex
Black Moses against the Government which he perceived was corrupt and being
run by hypocrites.
Commissioner Jose of the Southern Region Police Headquarters told the
Commission that on 19th September, 2011, he received a call from the former
Presidential Guard Commander, Mr. Mwapasa that he had been contacted by
Mr. Cedrick Nankhumwa, a DPP functionary, that a certain person was
distributing publications which were critical of the then Head of State and the
Government. Later in the day, Mr. Nankhumwa came to Mr. Jose’s office with
Mr. Bester Saopa. They introduced themselves as DPP functionaries and
confirmed to Commissioner Jose that Alex Black Moses was indeed distributing
such publications.
Commissioner Jose immediately instructed Police investigators to hunt for Alex
Black Moses. Around 9 pm of the same day the investigators reported to him
that Alex Black Moses had been arrested and he had implicated Robert
Chasowa. Commissioner Jose gave further instructions to the investigators to go
and look for Robert at the Polytechnic. The investigators indeed approached the
Administration at the Polytechnic on the 21st September, 2011 asking for Robert
and the matter eventually got to Robert himself.
3
Robert wanted by politicians
While Government was making efforts to manage the difficult situation the
country was going through in 2011, DPP functionaries on their part were
working to silence the critics. The Commission was told by a DPP functionary
that after the 20th July demonstrations there were several meetings at the
Blantyre District DPP office. At one of the meetings there were
misunderstandings which led to a fight. In the course of the fight a well known
youth cadet was heard saying “he was going to reveal everything because the
people were being childish”. The witness later inquired from the cadet what he
meant by what he said. He was told that the cadet had been attending meetings
planning to silence (“kumpwhetsa”) Robert Chasowa, who was causing
problems at the Polytechnic. The cadet also told the witness that he was
involved in torching Rafik Hajat’s Office and Balaka Market.
The Commission was informed by another DPP functionary that at another
meeting there was again a fight. Another well known DPP cadet was heard
saying “muona zimene anawona Chasowa” (you will be dealt with the way
Chasowa was). These words were being directed at someone among the
functionaries. According to the witness, he later learnt of the death of Robert
Chasowa.
The night of Robert’s death
The Polytechnic Administration advised Robert to talk to his lawyer and hand
himself to the Police. On 23rd September, 2011 Robert met his lawyer, Mr.
Trouble Kalua, in the evening and they agreed that Robert would hand himself
to the Police the following day.
When he returned from meeting his lawyer, Robert spent most of the night of
the 23rd-24th September in Ndagha Mkandawire’s room. Ndagha is a female
student at the Polytechnic who was in the same class with Robert and his very
close friend. According to Ndagha, while in her room Robert was writing
something which he did not want her to read. Allan Chipwere, Robert’s
roommate, spoke to Robert at 00.30 am on 24th September while he was in
Ndagha’s room. Ndagha said Robert put the papers in an envelope. He left the
envelope in her room when he was leaving. According to Ndagha, Robert left
her room at 03.33 am. The Commission established from Ndagha’s own
4
testimony that she had drunk excessively this night. Her recollection of some of
the events of this night must have been impaired.
Discovery of the body
Around 03.40 am on 24th September, a guard on duty discovered a body of a
male person behind the Administration Block at the Polytechnic. The
Polytechnic Administration was notified, came and identified the body as that of
Robert Chasowa, a 4th year student. The matter was reported to the Police who
came to the scene and found the body as was. It was lying face down on rough
concrete slabs.
It was in a pair of three-quarter camouflage shorts, a T-shirt and a scumber,
with a slipper on one foot. The other slipper was a short distance away. The Tshirt was well tucked in the shorts. The head lay in a localised pool of blood.
There were no splashes of blood around the area. The face was covered in
blood. There was a transverse cut wound on the back part of the head. There
was dust and grass on both of his knees. There were no other obvious body
injuries. The body was removed by the Police to College of Medicine mortuary
where the Police requested for post-mortem examination.
The Commission made three visits to the scene of incident with some of the
relevant witnesses and, among other things, took measurements on the scene.
The Commission observed that the body was lying on 4cm thick rough concrete
slabs. The feet were 1.2m away from a pillar which supports a corridor that is
7m above. The head spot was at a diagonal of 7.65m from the top of the
corridor wall. There was no grass or dust on the site where the body was
discovered.
Ndagha told the Polytechnic Administration that Robert had left letters in her
room. The letters were collected and one was addressed to his father. This letter
was handed to the Police and when it was opened they found what is alleged to
be a suicide note.
Post-mortem examination was conducted by Dr. Charles Dzamalala, a
Pathologist, on the same day. After the post-mortem examination the Police
gave Dr. Dzamalala the alleged suicide note. Dr. Dzamalala was immediately
curious and he expressed his concern to Mr. Chirambo the Assistant Registrar
5
of the Polytechnic. The Pathologist made a Preliminary Report on the cause of
death and told the Police that the final report would be ready within a week.
Date and time of death
The information available to the Commission shows that Robert was alive at
00.30 am on 24th September, 2011, from the phone conversation with Allan
Chipwere, his roommate, while Robert was in Ndagha Mkandawire’s room. The
information also shows that Robert’s body was discovered around 03.40 am and
was confirmed dead by Mrs. Madulila, a nurse at the Polytechnic, at about
05.00 am. The exact time of death could not be established by post-mortem
examination because of the refrigeration of the body which interferes with the
normal changes that occur after death which are used to estimate the time of
death.
Cause of death and results of post-mortem examination
According to the Post-mortem examination Report and a further examination of
the photographs taken during the process, Robert died from injuries as a result
of being assaulted three times with a blunt object to the skull, causing fractures
of several skull bones leading to bleeding inside the skull and brain.
Circumstances of Robert’s death
Robert was wanted by the Police on account of the Youth for Freedom and
Democracy publication which had been intercepted by the DPP functionaries.
The DPP functionaries themselves were concerned about Robert’s activities.
The Commission was told that there were plans to silence Robert.
The Commission heard from several people who strongly believe that Robert
was abducted from campus at the Polytechnic. It was said he was taken away,
assaulted to death and his body brought where it was found. The Commission
was given the names of persons suspected to have been involved in the murder
as the actual assailants or as accomplices. The Commission was also told that
Robert’s movements on campus were being monitored by some individuals who
were on campus. The Commission was informed that the Polytechnic is heavily
6
politicised. One witness described it as “savage politics.” The Commission
observed that there was ample opportunity, at the time, for bringing the body
from outside to where it was found owing to laxity in security at the
Polytechnic.
Conduct, efficiency and proficiency of the Malawi Police Service in
handling and concluding the investigation surrounding the death
The Commission observed that the Police did not preserve the scene of the
incident. They did not take any measurements, draw around the body to
preserve the original position it was found in and did not take fingerprints
around the area. They did not check for marks of violence. They did not invite a
medical examiner to the scene before moving the body.
The Police docket shows that statements were recorded from two guards and
this was only done two weeks later in October 2011.The Police should have
immediately interviewed all the guards that were on duty the night of 23rd - 24th
September, 2011, especially the guard who was at the entrance of the hostel
where Ndagha resided and Robert was last seen alive and the two guards who
were deployed at the area where Robert’s body was found. The Commission
traced almost all the guards who were on duty that night but the three guards at
the critical places mentioned above have not been found.
Press Statement
On the evening of 24th September, 2011 the IG called the then National Police
Press and Public Relations Officer, Senior Assistant Commissioner Willie
Mwaluka and accused him of not “feeding” the nation with sufficient
information about the death of Robert Chasowa.
On 25th September, Senior Assistant Commissioner Mwaluka travelled to
Blantyre. In Blantyre he met the officers who were handling the matter and he
was given the Preliminary post-mortem examination Report and the alleged
suicide note. He proceeded to draft a Press Statement. He then called the IG and
read the draft Press Statement to him. According to Senior Assistant
Commissioner Mwaluka, this was to seek the IG’s approval of the Statement
before it could be released, which was a requirement. The IG gave approval for
7
the Statement to be released as was. The Statement was released in the
afternoon of the same day on both television and radio. It was also taken to the
print media houses on the same day and started appearing in the print media the
following day. The most relevant paragraph from the Statement states: “With
this evidence adduced, it is evident that Robert Chasowa had already planned
to commit suicide. It is also evident in this regard that the deceased jumped
from the upstairs corridor that resulted to sustaining of head injuries”.
The suicide theory
The Commission was reliably informed that the first officers on the scene had
suspected “foul play”. It was only in the Press Statement that this matter was
conclusively said to be a case of suicide. The Commission observed that this
was before the final results of the post-mortem examination were released by
the Pathologist and before the authorship of the alleged suicide note was
confirmed by a handwriting expert. The Statement closed the chapter on the
matter. After the Statement, on 26th September, 2011 the main investigator in
the matter, Detective Sub/Inspector Chambwinja, closed the file.
Upon hearing the Press Statement, Dr. Dzamalala was prompted to react
because he had not yet issued the final post-mortem examination results and yet
the Statement implied that a final post-mortem examination report had been
issued. The final Post-mortem examination Report was only made on 4th
October, 2011. It was collected by the Police on 5th October, 2011. On 6th
October, 2011 the Police were compelled to re-open the investigations. The
Commission established that to date the investigations in the matter have not
been concluded.
Findings and Recommendations
The Commission made fairly extensive findings and recommendations based on
the testimony of witnesses and the evidence gathered. The findings and
recommendations are based on and follow the path of the evidence that has just
been outlined. Only a few of the findings and recommendations are outlined
here without in any way relegating the rest.
8
Findings
(a) The identity of Robert Chasowa
Robert Chasowa was the third born child of Mr. Austin Kings Chasowa
and Mrs. Rebecca Chrissie Chasowa. He was born on 20th March, 1986 in
Blantyre. He was a 4th year Mechanical Engineering student at the
Malawi Polytechnic.
(b) Interaction with the Police
The Commission finds that after the events of 20th July, 2011, Robert and
his associates were engaged by the Police to prevent demonstrations
scheduled for 17th August, 2011. The Police had promised the group
some money on successful completion of the assignment. The group was
not successful and the arrangement was terminated. The Police did not
pay the group any money. The group disbanded but Robert felt used.
The Commission finds that Robert had also been involved with Alex
Black Moses in the publication and distribution of the Youth for Freedom
and Democracy Weekly Political Update. On 19th September, 2011
Robert became a wanted person by the Police on instructions from DPP
functionaries.
(c) The political dimension
The Commission finds that while Robert was being sought by the Police,
politicians were also making plans to silence him.
(d) Date and time of death
The Commission has not been able to establish the exact time of death.
The Commission finds that Robert was alive as at 00.30am on 24th
September, 2011 and was confirmed dead around 5.00am.
(e) Results of post-mortem examination
The Commission finds, based on the Post-mortem examination Report
and photographs, that Robert was assaulted to the head at least three
times resulting into bleeding inside the skull and brain.
9
(f) Suicide theory
The Commission finds that the theory of suicide is not supported by any
evidence whatsoever other than the mere presence of the alleged suicide
note. To the contrary, from all the attendant circumstances and the
evidence obtained by the Commission, Robert was killed.
(g) Conduct of the Police
The Commission finds that the Police acted most unprofessionally at the
scene of incident as a result of which useful evidence was lost.
Subsequently the Police gave the Pathologist unsolicited information in
the form of the alleged suicide note after the post-mortem examination.
The Commission finds this to have been a deliberate attempt to influence
the decision of the Pathologist to perpetuate the suicide theory.
The Commission finds that the Press Statement, which was issued on the
instructions and with the approval of the IG, was intended to and did close
the matter. The matter was only reopened as a result of the reaction by the
Pathologist drawing public attention to the misinformation in the Press
Statement.
The Commission finds that the manner in which the Police handled the
whole case was inherently unprofessional and reprehensible. The
deliberate attempt to conceal the truth is cause for serious concern.
(h) Circumstances of death
The Commission summarises the circumstances of Robert’s death in this
way. Robert was captured in the early hours of 24th September, 2011,
after leaving Ndagha’s room, on his way to his hostel. He was led away
to where he was assaulted. He died as a result of the injuries sustained
from the assault. His body was brought to the Polytechnic and dumped at
the site where it was later discovered.
Recommendations
(a) Malawi Police Service
In the conduct of its duty the Malawi Police Service is expected to live up
to the dictates of the Constitution of the Republic of Malawi and as
10
provided for under the Police Act. Primary is the fact that the Malawi
Police Service is an independent organ of the executive. In the exercise of
duty towards the protection of the rights of the public the Police must
therefore conduct itself with independence and impartiality. The Police
must not be used in furtherance of any political agenda.
The Police must investigate every matter that is reported to them. The
investigations must be conducted and finalised in a professional and
timely manner.
The Police should continue and complete the investigations on Robert
Chasowa’s death as a case of homicide. In view of the time that has
lapsed since Robert’s death, the investigations must be done with speed
and completed as soon as possible.
If the investigation establishes that any person is responsible for causing
the death of Robert Chasowa, such person(s) must be prosecuted within a
reasonable time.
(b) Political parties and politicians
Political parties, politicians or individuals should not use the Malawi
Police Service in the exercise of its functions, powers and duties to
further their political agenda or to undermine those of others. They should
not use the Malawi Police Service as a tool for intimidating, silencing or
eliminating political opponents.
11
CHAPTER ONE
1.1 Introduction
On the morning of 24th September, 2011, a male student by the name of Robert
Chasowa was found dead on the campus of the Malawi Polytechnic, a
constituent College of the University of Malawi (UNIMA). The cause of death
and the circumstances surrounding the death were mysterious. Conflicting
reports were issued by the Malawi Police Service (MPS) and the Pathologist
who conducted a post-mortem examination on the body. Her Excellency the
State President, Mrs. Joyce Banda, issued a Commission of Inquiry (hereinafter
referred to as the Commission) into the matter.
1.2 Terms of Reference
The Terms of Reference of the Commission were:
1. To inquire and report to the President of the Republic of Malawi, all
aspects surrounding the death of the late Robert Chasowa former Fourth
Year Student of the Polytechnic, University of Malawi, who was found
dead at the Polytechnic campus in Blantyre, on or about 24th September,
2011. The inquiry shall include but not limited to the following:(a)
establish the identity of Robert Chasowa, his interaction with
politicians, his political activism, his interaction with the Malawi
Police Service, and other associates;
(b)
establish the date of death and the exact place where death
occurred;
(c)
establish the circumstances of the death of the deceased person;
(d)
establish the cause and nature of the death;
(e)
the conduct, efficiency and proficiency of the Malawi Police
Service in handling and concluding the investigations surrounding
the death;
(f)
the results of the post-mortem examinations or autopsy of the
deceased’s remains;
12
(g)
the establishment of the identities of possible suspects, if any,
complicit in the circumstances surrounding the death of Robert
Chasowa, and cover-up, if any, of the death;
(h)
produce a written report on the findings with recommendations;
and
(i)
submit the written report to the President of the Republic of
Malawi.
2.
The Commission of Inquiry may also make such inquiry, and make
such findings and recommendations as are incidental to and
connected with the death of the late Robert Chasowa, before,
during and after his death.
3.
The Commissioners shall conduct the inquiry and make a report of
their findings within two (2) months after the commencement of
the inquiry.
The issue of the Commission was dated 13th April, 2012. Owing to
circumstances without the control of the Commission, it was not possible to
start working earlier than 15th May, 2012. Although some of the Commissioners
were sworn in on 20th April, 2012, one Commissioner who was outside the
country was sworn in on 9th May, 2012. The issue of the Commission was
gazetted on 11th May, 2012.
After the Commission started its work, one Commissioner Mr. Ben Mbewe, was
replaced by Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired).
He was sworn in on 4th June, 2012. The proceedings of the Commission were
also slightly delayed because of budgetary procedures at the end of the
2011/2012 financial year.
1.3 Composition of the Commission
The Commission was composed of the following:
Honourable Justice of Appeal Andrew K. Chotcha Nyirenda, SC (Chairperson)
Honourable Justice of Appeal Isaac Jamu Mtambo, SC (Retired) (Member)
Professor Ndalama George Liomba (Member)
13
Mrs. Sophie Kalimba (Member)
Mr. Paul Maulidi (Member)
Mrs. Mary Mangwiza Manyusa (Member)
Mrs. Annabel Mtalimanja (Secretary)
1.4 Support Staff
The Commission was supported by the following staff:
Mrs. Venesia Mononga (Stenographer)
Mrs. Martha Gondwe (Stenographer)
Mr. Austin Kamanga (Interpreter)
Ms. Vanessa Phiri (Personal Secretary)
Ms. Luwiza Chinkhandwe (Accountant)
Superintendent George Mnjale
Superintendent Gerald Chiwanda
Sub/Inspector George Mangani
Sub/Inspector Nyson Chibondo
Sub/Inspector Kassim Killi
Mr. Rudo Chimbalawala
Mr. Steve Taulo
1.5 Structure of the Report
This Report contains the findings and recommendations of the Commission.
Chapter Two of the Report presents the factual background of the matter. It
summarises the testimony of the witnesses. Chapter Three presents the conduct
and efficiency of the Malawi Polytechnic Administration in relation to the
matter. It summarises how the Polytechnic Administration handled the incident
before and after Robert Chasowa’s death and the security situation at the
14
Polytechnic campus. Chapter Four is on the conduct, efficiency and proficiency
of the Malawi Police Service in handling the death and concluding the
investigations surrounding the death. It is a summary of Police activities
following the death of Robert Chasowa, the manner in which the Police handled
the scene of incident, the post-mortem examination, how the suicide theory was
mooted and the making of the Press Statement. The chapter also presents the
current status of the matter.
Chapter Five looks at the political events during the period preceding Robert
Chasowa’s death and what bearing they have on the same. Chapter Six presents
the findings. Chapter Seven sets out the recommendations of the Commission.
In order for matters to be put in perspective it was inevitable that some facts and
issues in one chapter would be repeated in another chapter.
1.6 Procedure Adopted
In the conduct and management of the proceedings before it the Commission
adopted the procedures laid down in the Commissions of Inquiry Act, (Cap.
18:01) of the Laws of Malawi, and those obtaining in the High Court of Malawi.
An outline of the Rules and Procedures adopted by the Commission is attached
as Annex 1.
We will briefly set out how the Commission conducted and managed
proceedings before it. The Commission issued a Press Statement in various
media inviting any member of the public who had any knowledge or
information of the incident to appear and testify before it. The Commission
heard evidence in camera from 94 witnesses which was duly recorded and has
been transcribed into a Verbatim Report. The list of witnesses is attached as
Annex 2.
The Commission obtained both direct and hearsay evidence. The Commission
decided to receive hearsay evidence because in the nature of inquiries such
evidence generally assists to establish substantive evidence. As it turned out the
Commission was indeed immensely assisted in tracing vital witnesses on
account of the hearsay evidence.
The Commission searched for and obtained documents and photographs
relevant to the inquiry. These are referred to and annexed later in the Report
where applicable.
15
The Commission also visited and inspected the scene of the incident together
with relevant witnesses.
The Commission met at various venues. It met at the Civic Centre in Blantyre
and at Golden Peacock Sogecoa Hotel in Lilongwe for hearings. It also met at
Nkopola Lodge in Mangochi and at Livingstonia Beach Hotel in Salima for
analysis and report writing.
1.7 Challenges
The major challenge that the Commission faced was to trace witnesses. Only
three witnesses responded to the press statement and appeared before the
Commission voluntarily. The rest had to be summoned after being identified by
the Commission. As will be discussed later in this Report, four critical witnesses
that the Commission wanted to interview have not been traced. One witness, a
police officer who is on assignment outside the country, was not made
available.
16
CHAPTER TWO
FACTUAL BACKGROUND
The factual background herein presented is based on the testimony as obtained
from the witnesses. It is also based on the evidence obtained by the Commission
itself when it visited the scene of the incident and on material collected
following searches in various places of interest.
2.1 The identity of Robert Chasowa
Robert Chasowa (hereinafter called “Robert”) was born at Chitawira Private
Hospital in Blantyre on 20th March, 1986. His full names were Robert Ishmael
Chasowa. His father, Austin Kings Chasowa, comes from Chembe village, T/A
Msakambewa in Dowa. His mother, Rebecca Chrissie Chasowa comes from
Kachere Village, T/A Maganga in Salima. The family lives at Kameza
Township in Blantyre.
Robert was the third born of six children of the family. The first born in the
family, Kingsley Chasowa, was killed in 2007 at Kameza in Blantyre. Robert
was brought up in Blantyre. He went to Namalimwe and Mlambalala Primary
Schools. At that time he was living with his grandparents. Later he went to
Njamba Secondary School and then to Chileka Private Secondary School.
During that time he had gone back to live with his parents. It is from Chileka
Private Secondary School that he was selected to go to the Malawi Polytechnic
in 2008 to study Mechanical Engineering. At the time of his death Robert was
in the second semester of the 4th year.
According to his parents, Robert was brought up with christian values. Initially
he was a member of the Central Africa Presbyterian Church (C.C.A.P) but
while at Chileka Private Secondary School he joined the Seventh Day Adventist
Church (S.D.A). He became a Deacon in that Church. Whilst at the Polytechnic,
Robert also worshipped at the Fountain of Victory Ministry where he was a
member of the Christian Gang, a youth fellowship group.
His hobbies included playing football, drama, reading and writing poetry. He
played football from his early childhood days. At the Polytechnic he became
captain of the Polytechnic Football Team.
17
According to his family and most of his friends, Robert was a friendly and
amiable person. He was courageous and ambitious. It was also said that Robert
always aspired for leadership among his peers. He was charming and loving. He
was described as being passionate about things he was involved in. Some of his
friends however, described him as being temperamental.
According to his father, Robert was very close to his family and they shared
moments together. Robert was the only child who went to University and
according to his uncle, they were looking up to him.
At Kameza, Robert’s friends were Fred Dickson, Darlington Miseleni and
Justice Kangulu.
At the Polytechnic, Robert’s friends were Ndagha
Mkandawire, Lydia Jere, Innocent Sulani and Allan Chipwere. The Commission
learnt that he was very close to Ndagha Mkandawire. Robert associated with
Duncan Phiri, Phaniso Mhone, and Alex Black Moses. At the time of his death
Robert’s girlfriend was Lillian White.
2.2
Events prior to the death of Robert Chasowa
2.2.1 20th July demonstrations
In 2010 and 2011 this country was going through political, social and economic
challenges. These translated into various forms of reaction from different
sections of our society. Civil Society Organisations (CSOs) resorted to
ultimatums against government which eventually led to the 20th July, 2011
demonstrations and events that followed 1.
According to Alex Black Moses, Robert participated in the 20th July
demonstrations in the company of other students from the Polytechnic.
However, Bright Mhango, who was leader of the Polytechnic group of students
that took part in the demonstrations, doubted Robert’s participation. The
Commission was informed by Mr. Simbarashe Mungoshi, a lecturer at the
Polytechnic, that Robert was part of the students that had been involved in the
stoning of vehicles carrying panga wielding Democratic Progressive Party
(DPP) youth cadets on 19th July, 2011 when they were driving along
Chipembere Highway past the Polytechnic campus.
1
These events are documented in the Report of the Findings and Recommendations of the Presidential
Commission of Inquiry into the Demonstrations, Deaths, Injuries, Riots, Looting, Arson, Public Disorder and
th
st
Loss of Property that Took Place on 20 and 21 July, 2011
18
A few days after the 20th July demonstrations the CSO leaders announced that
there would be other demonstrations on 17th August, 2011.
2.2.2 Plans to prevent the 17th August demonstrations
Prior to the 20th July demonstrations, Robert and his associates, Duncan Phiri,
Phaniso Mhone and Justice Kangulu, later referred to as “the group”, had been
working on a plan to enhance youth involvement in development. They were to
do this by working with the government in the areas of reorganising the Malawi
Revenue Authority (MRA), tracing tax evasion by traders, raising financial
support for the Zero Deficit Budget (ZDB), promoting utilization of the green
belt concept and reviewing the Farm Inputs Subsidy Programme.
The Commission was told the group contemplated meeting the then State
President, His Excellency the late Professor Bingu wa Mutharika to present to
him their proposal. This matter is discussed in detail in Chapter Five where
Robert’s political activism is discussed.
After the 20th July demonstrations the group met again to review the impact of
the demonstrations on the country, in particular the youth. In their assessment,
the youth were placed in the forefront of the demonstrations and had borne the
brunt of the effects. The youth suffered most injuries and deaths while the CSO
leaders, who remained in the background, were mostly spared. It was also in
their assessment that there was massive destruction of property resulting into
further hardship to the economy.
At that point the focus of the group shifted to working with the government to
stop further demonstrations which they had learnt were scheduled for 17th
August, 2011. They became more concerned when they learnt that Government
was preparing to confront the demonstrators during those demonstrations which
would have meant more violence, loss of life and destruction of property. They
feared the country would spiral into anarchy.
The group then conceived a plan to work with the Police, a Government
department which would be directly involved in handling the demonstrations.
On 5th August, 2011 Duncan Phiri contacted the former Inspector General, Mr.
Peter Mavuto Mukhito (hereinafter referred to as the IG) to present to him the
plan the group had to prevent the scheduled demonstrations. In turn, on the
evening of 6th August, 2011 the IG instructed the Commissioner for the
19
Southern Region Police Headquarters (SRPH) Mr. Rodney Steven Jose to
contact Duncan Phiri. Commissioner Jose was to hear the detailed plans of the
group and report back to the IG.
On the morning of 7th August, 2011 Commissioner Jose met Duncan Phiri who
briefed him on the plans. On hearing the plans, Commissioner Jose called the
IG and recommended that he, the IG, should meet the group because the SRPH
would not be able to meet their demands. It was then agreed that the group
should be taken to Lilongwe to meet the IG. Commissioner Jose complied and
drove Duncan Phiri, Phaniso Mhone and Robert to Lilongwe. Justice Kangulu,
the other member of the group, did not accompany them because he had a
family engagement. He was nonetheless aware of the trip.
Upon arrival in Lilongwe at the National Police Headquarters, they alerted the
IG who directed them to his residence where they met him. Duncan Phiri
introduced the group to the IG. Robert was introduced as a student from the
Polytechnic. Duncan Phiri briefed the IG of their plans to prevent the scheduled
demonstrations by convincing the organisers of the demonstrations, leaders of
political parties, CSO leaders and students at UNIMA colleges and Catholic
University (CU) not to proceed with the demonstrations.
The group informed the IG that they would need financial support, computers,
digital cameras, an office and a vehicle. The IG was persuaded. He
immediately gave each member of the group K50, 000.00 cash. He instructed
Commissioner Jose that upon their return to Blantyre the group should be
provided with their immediate needs. According to Duncan Phiri and Phaniso
Mhone, the IG promised to pay the group K10 million if they were successful in
preventing the demonstrations.
The following day Commissioner Jose gave the group K300, 000.00 for office
accommodation and for other activities to undertake their plans. He also hired a
motor vehicle, a Suziki Jimmy, Registration number MN 2452, from Country
Wide Car Hire for them. The documents for the hire of the vehicle are attached
as Annex 3. The group proceeded to rent a house in Nkolokosa from Dr.
Mathanga for office accommodation and paid K105, 000.00 rent for three
months.
The group then began to implement their plan. Robert was assigned to meet
students at the Polytechnic and Chancellor College. Justice Kangulu was
assigned to meet with students at CU. Duncan Phiri and Phaniso Mhone were
20
assigned to meet with members of the general public. As a group they were to
approach politicians and CSO leaders.
Justice Kangulu was successful in convincing the leadership of CU who went
on Capital Radio to speak against the planned demonstrations. According to
Justice Kangulu, six students from CU were paid K2000.00 each. Robert was
not successful in convincing students at Chancellor College and the
Polytechnic. At Chancellor College the students were more interested in
resolving the then ongoing academic freedom issue than the demonstrations.
According to Mr. Mungoshi, there was one student who was willing to help and
Robert paid him K15, 000.00. At the Polytechnic, Robert found 10 students who
were willing to help. He promised them K2 million to be shared amongst them.
According to Duncan Phiri, he, accompanied by Phaniso Mhone and Alex
Black Moses went to meet Mr. Ken Chitatata Msonda at his office to persuade
him that the 17th August demonstrations should be cancelled. Duncan further
said that Mr. Msonda demanded K2.5 million if he was to help. Mr. Msonda
acknowledged the three met with him on 12th or 13th August, 2011. They said
they came to him because the then State President, the IG, the DPP and
Government knew him as the person who was at the centre of organising the
demonstrations. They also said to him that they had been engaged by the then
State President and the Government to speak to the organisers of the
demonstrations to cancel the demonstrations.
Mr. Msonda demanded proof that they had been sent by the authorities and they
showed him the hired vehicle, the Suzuki Jimmy, as evidence. Mr. Msonda said
he did not believe them and he told them that in any case he did not have the
authority to cancel the demonstrations. He referred them to CSO leaders. He
also denied to have made any demands for payment. At that point Mr. Msonda
said he left for a meeting of the Organising Committee of the 17th August
demonstrations that was taking place at the Institute for Policy Initiative
(hereinafter IPI and also later referred to as Rafik Hajat’s Office) offices that
afternoon.
Whilst at the meeting at IPI Duncan Phiri, Alex Black Moses and Robert came
to meet with Mr. Rafik Hajat as one of the CSO leaders. According to Mr.
Msonda, present at that meeting was Mr. Hajat, Mr. Humphrey Mvula, Mr. Ken
Williams Mhango and other CSO leaders. When the three arrived they met with
Mr. Hajat in the company of Mr. Mhango.
21
They informed Mr. Hajat and Mr. Mhango that they had been sent to persuade
the CSO leaders to call off the planned demonstrations and to warn them that
their lives were at risk because their names were on a Government hit list for
elimination. Mr. Hajat said they gave him the list and he confirmed that his
name and that of Mr. Mhango were there. He made a copy of the document.
While the group was reaching out to the various stakeholders as undertaken, the
Police were asking for an update. Commissioner Jose arranged for a meeting
with the group. On 11th August, 2011 Robert and Justice Kangulu met with
Commissioner Jose to inform him that they had problems in convincing
students at the Polytechnic and Chancellor College but that they had convinced
the student leadership of CU.
According to Commissioner Jose, on 12th August, 2011 Justice Kangulu brought
him minutes alleged to be of a meeting held by the CSOs and a budget
requesting for money from Mr. Hajat. Both of these documents were allegedly
prepared by Mr. Msonda. The minutes showed that Mr. Msonda was the only
person in attendance at the meeting because his name was the only one
appearing on the quorum.
Commissioner Jose became suspicious and immediately got the impression that
the group was being dishonest. He contacted the IG to alert him to this
development and faxed to him the minutes as well as the budget. He indicated
to the IG that he suspected that the group was playing games with the Police
and recommended that the arrangement should be terminated immediately. The
IG agreed.
The following day on 13th August, 2011 Commissioner Jose called the entire
group to a meeting at what he called “the usual place (Shoprite Car Park at
Chichiri Mall)”. Only Duncan Phiri and Phaniso Mhone showed up for the
meeting at 8.30 pm. According to Duncan Phiri, when they got to Shoprite
Commissioner Jose told them to join him in his vehicle and he drove to a forest
past Angelo Goveya where he told them that “zonse zachitika zija zathera pano,
ngati n’ndalama mukatenge zimene munalipira nyumba zija” (the arrangement
they had had been terminated and for payment they should redeem part of the
money paid for rentals). He also asked for the hired vehicle to be returned to the
SRPH the following day. Commissioner Jose confirmed calling the group to a
meeting that evening and taking Duncan Phiri and Phaniso Mhone to a place
22
past Angelo Goveya where he communicated termination of the arrangement
and asked them to return the hired vehicle.
The group did not come the following day to return the vehicle as requested.
Commissioner Jose called Duncan Phiri who passed the phone to Phaniso
Mhone. According to Commissioner Jose, Phaniso Mhone said to him that they
were not dealing with him anymore and that they were now dealing with the IG
directly. Commissioner Jose then called the IG to confirm this. The IG
confirmed and told Commissioner Jose that the group would return the vehicle
on Monday. On Monday the four of them went to return the vehicle at the
SRPH.
The Commission was told that on 13th August, 2011 the IG instructed Mr. Medi,
former Service Administration Officer for the Police, to contact Mr. Undule
Mwakasungula and Mr. Robert Mkwezalamba to ask them to arrange a meeting
between the MPS and CSO leaders to discuss the possibility of cancelling the
scheduled 17th August demonstrations. According to the IG, the meetings were
successfully held on 14th and 15th August, 2011. On 16th August, 2011 the CSO
leaders announced the cancellation of the demonstrations.
On hearing the announcement, Duncan Phiri called the IG drawing his attention
to the announcement saying their group had been successful in preventing the
demonstrations as undertaken. According to Duncan Phiri, on 18th August, 2011
he called the IG to ask for payment of the K10 million and for the equipment
which they had been promised for their office after a successful mission.
Similar calls were also made by Robert to the IG.
According to the IG, he spoke with Robert who used to call him to ask for some
payment but not the K10 million. According to Duncan Phiri, during this period
they were also communicating with Honourable Peter Mutharika, MP,
demanding payment. This is confirmed by Duncan Phiri’s phone records
attached as Annex 4. Professor Mutharika denies knowing any one of the group
and speaking to any of them.
According to Duncan Phiri and Phaniso Mhone, the IG became hostile and kept
referring them to Commissioner Jose. The group then met and decided to leave
the matters as they were. According to Duncan Phiri, he observed that Robert
was not entirely satisfied with this decision. Robert said what they had done was
historical and could not just be left like that. He could not accept that they could
just be used and dumped. The group then disbanded.
23
2.2.3 Robert wanted by the Police
After the group disbanded Duncan Phiri and Phaniso Mhone noticed that Robert
was working with Alex Black Moses who was distributing publications by
Youth for Freedom and Democracy (YFD). In relation to the publications this is
what Duncan Phiri told the Commission: “...Black Moses was sourcing the
information from Kamlepo Kalua on the dealings inside the DPP party, how
they were siphoning money, Mulli etc. Chimunthu Banda seemed to be the
informant but it was prepared by politicians (sic)....”
The fact that Robert was involved in the publications with Alex Black Moses
was confirmed by Mr. Henry Masoka (a fellow student of the Polytechnic) who
met Robert distributing Volume 3A of the publications in Blantyre. Mr.
Kamlepo Kalua, Alex Black Moses, Bright Mhango (then a student at the
Polytechnic), Duncan Phiri and Phaniso Mhone also confirmed that Robert was
involved in the publications.
Commissioner Jose told the Commission that on 19th September, 2011, he
received a call from the former Presidential Guard Commander, Mr. Mwapasa.
Mr. Mwapasa told Commissioner Jose that he had been contacted by Mr.
Cedrick Nankhumwa that a certain person was distributing publications which
were critical of the then Head of State and Government. Commissioner Jose
told Mr. Mwapasa to advise Mr. Nankhumwa to meet him at his office. Mr.
Nankhumwa came to Commissioner Jose’s office with Mr. Bester Saopa. They
introduced themselves as DPP functionaries.
Mr. Saopa told Commissioner Jose that whilst at National Bank of Malawi at
Chichiri he was personally handed the publication by Alex Black Moses. He
said Alex Black Moses could be found at Cassablanca near Chilembwe Lodge
or at Ziboliboli stand near Malawi Savings Bank in Blantyre and that he resided
in Machinjiri. According to Commissioner Jose, Mr. Saopa said Mr. Mwapasa
was already aware of the matter. This was to stress its seriousness and urgency.
A copy of the publication was left with Commissioner Jose.
Because of the seriousness and urgency of the matter, Commissioner Jose
immediately instructed the Urban Criminal Investigation Officer (UCIO),
Assistant Superintendent Caroline Jere, to hunt for Alex Black Moses. Around 9
pm of the same day Assistant Superintendent Jere reported to him that Alex
Black Moses had been arrested and was in custody at Blantyre Police Station.
24
On 20th September, 2011 Assistant Superintendent Jere reported to
Commissioner Jose that Alex Black Moses had admitted that he was involved in
distributing the publications and had also implicated Robert Chasowa and 4
others, namely, Phaniso Mhone, Justice Kangulu, Duncan Phiri and John Salani.
Alex Black Moses had specifically said that he had collected the copies of the
publications he was distributing on 19th September from Robert Chasowa at the
Polytechnic.
Assistant Superintendent Jere was given further instructions by Commissioner
Jose to look for Robert Chasowa. She went to the Polytechnic on two occasions
to look for Robert Chasowa. On 21st September, 2011 Assistant Superintendent
Jere met with Mr. Dickson Nitho, the Polytechnic Security Officer and asked
for Robert Chasowa.
According to Mr. Nitho, he advised her to give him more time to search for
Robert Chasowa as she had not provided him with sufficient details to identify
the Robert Chasowa they were looking for. The following day Assistant
Superintendent Jere went back to the Polytechnic and met with Mr. Nitho who
took her to the Assistant Registrar (Academic), Mr. Stuart Potiphar Chirambo.
Assistant Superintendent Jere told Mr. Chirambo that Robert Chasowa was
being sought on account of anti-government publications that had been found
by the Police. Mr. Chirambo looked for the details of Robert Chasowa but was
unable to get him on the phone number which they had in their records. Mr.
Chirambo then asked for more time to enable him find Robert.
Mr. Chirambo left word with Polytechnic Students Union (PSU) leaders to tell
Robert that he was looking for him and that he should see him. Robert called
Mr. Chirambo around 6 pm and they agreed to meet at the club at the
Polytechnic at 8.30 pm. Mr. Chirambo went to the Club as arranged but by
10.30 pm Robert had not shown up and his phone was switched off. Mr.
Chirambo could not wait any longer and he left for home.
According to Mr. Chirambo, Robert came to meet him in his office around 8.30
am on 23rd September, 2011. When Mr. Chirambo saw Robert he was surprised
because he knew him as Robinho and not as Robert Chasowa. It had not
occurred to him that the Robert Chasowa the Police were looking for was the
Robinho he knew and played football with.
Mr. Chirambo asked Robert about the publications and he admitted that he was
involved but that it was a long story. Robert disclosed that copies of the
25
publications were brought to him from Zingwangwa. He would run more copies
for distribution. He also disclosed that some copies would be collected from
him by Alex Black Moses for distribution.
Upon hearing that, Mr. Chirambo advised Robert to surrender himself to the
Police in the company of his colleagues or a lawyer. Robert was concerned
about his place at the College but Mr. Chirambo assured him that his place
would be reserved. He said Robert contemplated running away, but he advised
him against it. He advised him to change his phone number. While in Mr
Chirambo’s office they tried to call Mr. Trouble Kalua, Robert’s lawyer, but
they were unable to reach him. That time Mr. Chirambo was rushing to a
meeting. He told Robert to come back later.
The short time that Robert was in Mr. Chirambo’s office, Mr Chirambo
observed that he was rather unsettled and appeared apprehensive. Allan
Chipwere, Robert’s roommate, also confirmed that during this week Robert
appeared unsettled. According to Allan, Robert was on campus but not spending
much time in the room. He would only come in the room to sleep around 4 am.
He seemed different and Allan felt something was wrong.
Lydia Jere, a student at the Polytechnic and a close friend of Robert, also
testified that in the course of that week Robert said to her “man, ndapalamula”
(I am in trouble). He did not disclose what he had done. On the evening of 23rd
September, 2011 she observed that he did not look alright and he sounded low.
He told her he would meet his lawyer. When she met him later that day, she
observed that he was now cheerful. He told her that he had met his lawyer.
Innocent Sulani, a 5th year Engineering student at Polytechnic and a friend to
Robert, testified that on Monday, 19th September, 2011, Robert called Alex
Black Moses to come to the Polytechnic. When Alex Black Moses arrived, he
accompanied them to Nation Publications Limited (NPL) office at Ginnery
Corner in Blantyre. At NPL, he was left at the reception while Robert and Alex
Black Moses went in to meet the officials.
The following day Robert told him that Alex Black Moses had been arrested
and that he had been told that he would be next. On Wednesday Robert told him
that he had changed his phone number and he gave him the new number. On
Friday 23rd September, 2011 around 2 pm, Robert came to his room and
requested him to go to a Standard Bank Auto Teller Machine (ATM) to
withdraw all the money from Robert’s account. Innocent did as requested and
26
withdrew all the money in Robert’s account and also bought him a new sim card
and airtime. According to Innocent, this week Robert was not himself.
Robert spoke with Commissioner Jose on the morning of Friday 23rd
September, 2011. According to Commissioner Jose, he advised Robert to
surrender himself to the Police. Robert agreed but said he would first want to go
to Lilongwe to meet with his father as he did not want his parents to hear about
the matter from the radio. Commissioner Jose said he agreed with Robert and
that he also reported to the IG accordingly.
Robert spent most of the afternoon of Friday 23rd September, 2011 in Ndagha
Mkandawire’s room. Ndagha was a 4th year Mechanical Engineering student at
the Polytechnic and as mentioned above, a very close friend of Robert. Robert
used to spend most of his time with her. According to Ndagha, that afternoon
Robert met his friend Justice Kangulu and they agreed that they would both
surrender themselves to the Police. While in Ndagha’s room Robert tried to get
hold of Mr. Trouble Kalua, his lawyer, on several occasions on the phone.
During this time Ndagha observed that Robert was rather distressed. Eventually
he was able to reach Mr. Kalua who came to pick him from the Polytechnic to
his office around 8 pm. From Mr. Kalua’s office they returned to the
Polytechnic around 9 pm.
2.2.4 The night of Robert’s death
When he returned from meeting his lawyer, Ndagha observed that this time
Robert appeared happy and cheerful. Ndagha therefore went to drink at the club
within the campus. She was there for about 2 hours. Robert went to Lydia’s
room. He returned to Ndagha’s room around 11pm carrying a notepad and a
CD.
According to Ndagha, when Robert returned to her room he asked for a pen to
write something important but he did not allow her to see what he was writing.
After Robert finished writing at around midnight, they both went to Robert’s
room to pick up some papers and a diary. They went via the club where Ndagha
wanted to buy cigarettes. Allan Chipwere confirmed that indeed Robert and
Ndagha came into the room around midnight. From Robert’s room they both
returned to Ndagha’s room.
27
Ms. Lillian White, Robert’s girlfriend, testified that Robert called her around 1
am on 24th September, 2011. However according to Lillian’s phone records
(attached as Annex 5), Robert called her around 11 pm on 23rd September,
2011. He told her that he was looking forward to seeing her in a week’s time
when she visits Blantyre. He also told her he was in Ndagha’s room and assured
her that he loved her and would marry her.
According to Allan, after Robert left their room, later in the night he noticed
that he had missed a call on his mobile phone. This was around 00.30 am.
Allan’s phone records are attached as Annex 6. When he called that number
(0999 005 064) Robert answered. Robert told him that that was his new number
and that it was Ndagha who had called him earlier. Robert told him that he was
in Ndagha’s room.
According to Ndagha, when they returned to her room Robert kept talking about
his life and his relationship with her. She said she eventually dozed off and fell
asleep. Later Robert woke her up and told her he was leaving and asked her to
lock the door. At the door he said to her that he was sorry because he was
leaving her with a lot of work to do. She watched him walk away down the
stairs. She thought it was already daylight but when she checked the time on her
mobile phone, it was 03.33 am. She decided to go back to sleep.
2.2.5 Discovery of the body
Mr. Dindo Malipilo, a Security Force Guard Services (SFGS) guard, told the
Commission that he discovered a body of a male adult person lying on the
grounds behind the Administration Block near the Accounts office at the
Polytechnic. This, according to him, was around 03.40 am on 24th September,
2011. Mr. Malipilo then notified his supervisor Mr. Aristariko Chumachiyenda.
Mr. Chumachiyenda went to see the body. He then notified Mr. Paul Mulenga,
the Polytechnic Security Supervisor, who was on duty that night.
Mr. Mulenga, together with Mr. Chumachiyenda, went to see the body. They
then went to inform the PSU Vice President, Mr. Nene Lungu. Mr Lungu, Mr.
Vincent Chaduka and another student accompanied Mr. Mulenga and Mr.
Chumachiyenda to the scene of the incident. Mr. Chaduka identified the body as
that of Robert Chasowa, a 4th year student at the Polytechnic.
28
Mr. Mulenga then called Mr. Nitho to report the incident at around 4 am. Mr.
Mulenga and one student went to report the incident at Blantyre Police Station.
Mr. Victor Mandiwe, a student at the Polytechnic called Mr. Chirambo to report
the incident.
Detective Sub/Inspector Madalitso Banda and Detective Sergeant George
Zimba were the first officers to come on the scene. They found the body as was.
It was found lying face down on rough concrete slabs. It was in a pair of threequarter camouflage shorts, a T-shirt and a scumber, with a slipper on one foot.
The other slipper was a short distance away. The T-shirt was well tucked in the
shorts. The head lay in a localised pool of blood. There were no splashes of
blood around the area. The face was covered in blood. There was a transverse
cut wound on the occipital (back) part of the head. There was dust and grass on
both of his knees. There were no other obvious body injuries.
The Commission made three visits to the scene of incident with some of the
relevant witnesses. The witnesses demonstrated how and where the body was
found. The Commission, among other things took measurements on the scene.
The Commission observed that the body was lying on 4cm thick rough concrete
slabs. The feet were 1.2m away from a pillar which supports a corridor that is
7m above. The head spot was at a diagonal of 7.65m from the top of the
corridor wall. There was no grass or dust on the site where the body was
discovered.
Mrs. Rebecca Madulila, the Polytechnic Clinic nurse, came to the scene around
5 am. She inspected the body and confirmed death. She also confirmed that it
was Robert Chasowa, a Polytechnic student. Detective Sub/Inspector Banda and
Detective Sergeant Zimba testified that they “secured” the scene and took the
initial photograph. They were later joined by Detective Sub/Inspector Bonwell
Chambwinja, the Scenes of Crime Officer, who took more photographs and
then ordered the body to be removed to the College of Medicine (COM)
mortuary for post-mortem examination.
When the matter was being reported to Mr. Chirambo, he was told that the body
had already been removed from the scene to the COM mortuary. Mr. Chirambo
went straight to COM. At the COM mortuary, after confirming that the body
was that of Robert Chasowa, he proceeded to the Polytechnic. He then called
Robert’s father and informed him of the death. Robert’s father asked him to
speak with Robert’s uncle.
29
From his office Mr. Chirambo went to the Vice Principal’s office where he
found Ndagha and Henry Masoka. Ndagha was relating the events of the
previous night to the Polytechnic management. She informed management that
Robert had left her with a diary and two envelopes.
One envelope was addressed to his father and the other to Mr. Chirambo.
Ndagha said Robert had said the diary was to be given to his girlfriend, Lillian
White. Mr. Chirambo, Ndagha and Henry Masoka went to collect the diary and
envelopes from Ndagha’s room. Mr. Chirambo opened the envelope that was
addressed to him. It contained four notes. These were addressed to Mr.
Chirambo, Mr. Trouble Kalua, Commissioner Jose and Honourable Henry
Phoya, MP.
At about the same time Mr. Nitho came to the Vice Principal’s office with
another note which had been given to him by Allan the roommate. According to
Allan, the note had been discovered by Victor Mandiwe on Robert’s bed. Mr.
Chirambo read his own note and gave it to the Registrar and the Vice Principal.
He kept the other notes and the diary.
Between 9.30 am and 10 am senior police officers came to the Polytechnic.
Some of the police officers who came were from the National Police
Headquarters in Lilongwe. Mr. Chirambo gave to the Police the note addressed
to the father (attached as Annex 7 and the other note, a poem entitled Life is a
Mystery which had been brought by Mr. Nitho (attached as Annex 8).
Later Mr. Chirambo called Mr. Trouble Kalua to inform him of the death and
the notes. Mr. Kalua came to the Polytechnic and Mr. Chirambo gave him his
note, the diary and the two notes addressed to Commissioner Jose and Hon.
Henry Phoya. Mr. Kalua undertook to deliver the notes and the diary.
After collecting the notes the Police went to COM mortuary. In the afternoon
Mr. Chirambo called the COM mortuary to find out the position about the postmortem examination. He was informed that the examination was already in
progress and that it was almost completed. He rushed there but by the time he
arrived the examination was completed.
He went to meet Dr. Dzamalala, the Pathologist, at his office and found him
photocopying the note to the father. Dr. Dzamalala asked Mr. Chirambo where
the note had been found. Dr. Dzamalala’s comment was that it did not make
sense that he (Robert) had committed suicide. He repeated this several times.
30
When Mr. Chirambo returned to the mortuary from Dr. Dzamalala’s office, the
Police were anxious to know what the Pathologist’s opinion on the note was.
They asked whether the Pathologist thought Robert had been killed.
2.2.6 Date and time of death
The information available to the Commission shows that Robert was alive at
00.30 am on 24th September, 2011 from his phone conversation with Allan
Chipwere. The information also shows that Robert’s body was found lying on
the concrete pavement behind the Administration Block near the Accounts
office at about 03.40 am and was confirmed dead by Mrs. Madulila at about
05.00 am on 24th September, 2011.
The time of death could not be established by post-mortem examination because
of the refrigeration of the body which interferes with the normal changes that
occur after death which are used to estimate the time of death (flaccidity,
rigidity, secondary flaccidity and cooling).
2.2.7 Cause of death and results of post-mortem examination
After post-mortem examination Dr. Dzamalala issued a Preliminary Report and
gave it to the Police. This Report was on the Order of Post-mortem Examination
Form and is attached as Annex 9. The cause of death was said to be “intracerebral haemorrhage due to head injuries”. This means that death was as a
result of traumatic bleeding inside the skull and brain. This Report was issued
on 24th September, 2011. This was to await a final Report that would explain
how the injuries sustained by Robert were occasioned. Dr. Dzamalala promised
the Police that he would issue the final Report within one week.
The final Report was completed on 29th September, 2011 and signed on 4th
October, 2011. The salient post-mortem examination findings were:
Head
1.1.1. Fresh wound with a transverse length of 6.0cm. It is 1.0cm wide
but with a central portion that is wider (2.0cm), has uneven
margins and exposes bone (see exhibit 1.1.1);
1.1.2. Comminuted fracture with five fractural lines. The longest extends
from the occiput to the base of the right ear; measures 11.5cm; the
31
second longest fracture is along the vertex of the head. It is linear
and measures 5.5cm. This fractural line has one fragment of the
fracture slightly displaced into the cranium, rendering it a
depressed fracture. The other three are smaller fractures and are
linking with the longest fracture (see exhibit 1.1.2);
1.1.3. There were two areas of haematoma within the scalp on the right
side of the head, corresponding with points of impact. These areas
are demonstrated in exhibit 1.1.3 and are on the right side of the
head, over the right temporal and right parietal aspects of skull
bones;
1.1.4. There was a third poorly defined area of haematoma on the right
temporal bone near the right ear; another probable point of
impact;
1.1.5. Blood oozing from all orifices in the head (nostrils, mouth and
ears) as well as the wound site.
Back
1.1.6 Four scratch marks; all on the non-prominent areas of the back, on
either side and between T6 and L4 vertebral levels. These scratch
marks show no particular pattern; the largest measures 6.0 x
1.5cm; all look traumatic, rather than self inflicted injuries. They
do not appear fresh and, based on their colour and an attempt at
healing, these injuries should be at least three days (3-5days) old –
as demonstrated in exhibit 1.2.1.
1.1.7 There were no other injuries or fractures noted in the other parts
of the body; not even to structures like the right ear and shoulder
that are close to the injury site.
Cause of death
Unnatural:(a) Severe traumatic intracranial haemorrhage (epidural and subdural),
due to or as the consequence of;
(b) Head injuries, with comminuted and depressed fractures to skull
bones, due to or as the consequence of; and
(c) Blunt trauma, consistent with assault rather than a fall from a height.
The final post-mortem examination Report is attached as Annex 10.
32
The Commission made further observations based on the photographs of the
body that were taken during the post-mortem examination and made available
to it. With respect to paragraph 1.1.2 in the original post- mortem examination
report the Commission made these further observations:
• The longest fractural line, measuring 11.5 cm, extends from the back
and base of the right ear. It goes backwards along the junction of the
parietal and temporal bones for about half of its length before dipping
downwards and fracturing the temporal bone. The downward
extension is about 5 cm long.
• The second longest fracture line, measuring 5.5 cm, is along the vertex
of the skull. It is linear and in horizontal direction. It has fractured the
right parietal bone at the level of the superior temporal line.
• A third fracture runs in vertical direction for about 5 cm and connects
the two fractures referred to above.
• Three other smaller fractures; starting from a point just before the
longest fracture line leaves the junction of the parietal and temporal
bones, travel down and backwards in the temporal bone. The last
portion takes an upward and forward direction and links up with the
longest fracture line. In this way these three smaller fracture lines
completely enclose a portion of the temporal bone.
• With respect to paragraph to 1.1.3 of the original post-mortem report
the Commission observed that one haematoma is located over the
portion of temporal bone which is completely encircled by fracture
lines. The other is located just behind it but outside the encircled
fragment of bone.
• In paragraph 1.1.5 of the original post-mortem, the oozing of blood
from the nostrils and ears is evidence of the fractures of the base of the
skull.
33
CHAPTER THREE
CONDUCT AND EFFICIENCY OF THE MALAWI POLYTECHNIC
ADMINISTRATION
3.1 Management response to the incident
The Administration of the Malawi Polytechnic, through the Assistant Registrar
and the Security Officer, were aware that Robert was being sought after by the
Police from 20th September, 2011. The Administration merely advised Robert to
surrender himself to the Police.
The view of the Commission is that the Administration should have escorted
Robert to the SRPH, which is only a few hundred meters away from the
Polytechnic campus. In that way the Administration would have formally
confirmed why Robert was being sought after. This would also have ensured
Robert’s safety in the hands of the Police.
When Mr. Mulenga received the report of the incident from the guards he
immediately looked for PSU leaders to help confirm whether the victim was a
student. Soon as it was confirmed that he was a student, Mr. Mulenga called Mr.
Nitho. Mr. Nitho quickly came to the Polytechnic. He in turn called the Vice
Principal.
Meanwhile one of the student leaders contacted Mr. Chirambo who
immediately went to COM mortuary where the body had been taken. The
Commission established that soon upon being aware of the incident the
Administration reported to the Police and contacted the parents of the deceased.
The view of the Commission is that the Polytechnic Administration properly
and promptly responded to the incident. The Polytechnic Administration were
involved in the arrangements after death. Otherwise, the Police took charge of
the matter from the moment it was reported to them.
3.2 Lack of security
The Malawi Polytechnic was outsourcing security services from two private
companies, KAMU Guard Services and SFGS. At the material time KAMU
Guard Services was responsible for all the hostels and the surrounding areas
whilst SFGS was responsible for the rest of the campus, including the area
where the body of Robert was found.
34
The arrangement was that each of the company had a designated supervisor in
charge of its guards. The supervisor was reporting to the Polytechnic Security
Supervisor. The company supervisor was supposed to provide the Polytechnic
with a list of guards on duty and their deployment sites, on a daily basis. The
Polytechnic Supervisor was supposed to confirm the presence of the guards at
the deployment sites.
On the night of 23rd September, 2011 the Polytechnic Supervisor was Mr. Paul
Mulenga. The supervisor for KAMU Guard Services was Mr. Gift Chilamwa
whilst Mr. Aristariko Chumachiyenda was the supervisor for SFGS. According
to the deployment sheets made available to the Commission, KAMU Guard
Service guards were supposed to be deployed as follows:
Name
G. Chilamwa
P.Kambalame
G. Frackson
L. Nyangu
D. Makanda
D. Alli
D. Navicha
E. Phiri
B. James
Y. Mulenga
W. Mbawa
Deployment post
Kapeni A Hostel
Kapeni B Hostel
Ndirande A Hostel
Ndirande B Hostel
Mpingwe A Hostel
Mpingwe B Hostel
Nyika A&B Hostel
Hyrid Hostel
Dog handler
Dog handler
Extra man power
The deployment for KAMU Guard Services was complied with. However Mr.
Gift Chilamwa, the supervisor, informed the Commission that most of the
guards that month were new. He said that out of the 10 guards, 7 were new.
35
SFGS guards were deployed as follows:
Name
Fred Dinyero
Harry Makina
Dindo Malipilo
Cosmas Makina
Joe Ngulo
Tambuli Awali
Frank Makweya
Sinoya Chiwaya
Innocent Jenala
Mphatso Ben
Chikondi Mwamvera
Sydney Piano
Josephy Ntondeza
Anold Hamilton
James Sinoya
Peterson Andisen
Haward Jackson
James Jimu
Lucius Stephano
Frank Chitomba
Mateyu Joaquim
Paul Barton
Moses Phiri
Medson Taombe
James Daison
Charles Magombo
Misheck Muli
Wallo Ndoma
Andrew Langson
Boys Simbi
Aristrariko Chumachiyenda
Deployment Post
Front Administration
Front Administration
Lecture Theatre
Lecture Theatre
Library Gate
Library Gate
Library Gate
Cafeteria
Cafeteria
Cafeteria
Dispensary
C.I.T
C.E.C
Science Block
Science Block
First Floor 40’s
Old Management
Maintenance
Maintenance
Maintenance
Stores
T1
T2
T3
T4
T5
T5
T6
T7
T8
Patroller
The deployment for SFGS was not strictly followed. For instance, the
deployment sheet shows that Frank Makweya was at the Library gate and
Chikondi Mwamvera was at the Dispensary. However, Frank Makweya himself
and his supervisor Mr. Chumachiyenda said that Makweya was at the
36
Dispensary. Further, although the deployment sheet shows 31 guards, Mr.
Chumachiyenda told the Commission that 5 guards did not report for duties on
this night. The Polytechnic Security Supervisor was not aware of these
discrepancies.
The view of the Commission is that there was lack of coordination between the
Polytechnic security supervisors and the security guard providers. It was
apparent that the Polytechnic Security Supervisor on duty did not ensure
whether the guards were all present and correctly deployed. The Commission is
of the view that there was total laxity such that the security providers were more
or less functioning on their own. For that reason it was difficult to immediately
establish which guard was deployed to which post.
The Commission was told that some critical guards are missing. These are Elias
Phiri, of KAMU Guard Services who was positioned at the front entrance to
Hyrid Hostel, where Ndagha was residing and where Robert was last seen alive.
The second guard is Harry Makina of SFGS, who was supposed to be guarding
the area where Robert’s body was found. The Commission looked for these
guards but was unable to find them. The third is Chikondi Mwamvera of SFGS
who, according to the deployment sheet, was supposed to guard the Dispensary
area which is directly above the place where the body was found.
3.3 Gates and security lighting
During the site visit the Commission learnt that at the time of the incident there
were no gates at the entrances to the Polytechnic. Notably, the entrance leading
to Hyrid Hostel and the entrance that leads to the area where the body was
found had no gates. The Commission also learnt that there was insufficient
security lighting around the hostel area. The Commission has established that
gates have since been installed at all the entrances and the security lighting
system has been improved.
3.4 Discovery of the alleged suicide notes
Circumstances surrounding the discovery of the “Life is a Mystery” poem are
unclear. Allan Chipwere told the Commission that on this morning Robert’s bed
was well made because Robert had not slept on it. Robert’s clothes were neatly
37
folded and laid on the bed. According to Allan, if there was a note of the size
that is said to have been found on the bed, he would not have failed to see it.
This note was written on size A3 paper (used for engineering drawings at the
Polytechnic). The note, together with a photograph of a female person, were
allegedly discovered by Victor Mandiwe when he and some students came to
the room to collect a bed sheet to cover the body of Robert. The note was
brought to Allan’s attention outside the room as they were walking out. The
photograph has not been heard of again.
According to Allan Chipwere, Robert’s bed was not tampered with. The bed
sheet that was used to cover the body was taken from Allan’s bed. The
Commission visited the room and noted its small size and the proximity of
Allan’s bed to that of Robert. The Commission is of the view that indeed if such
a large piece of paper had been present on Robert’s bed, Allan would not have
failed to see it. The Commission did not have the opportunity to interview
Victor Mandiwe as he was reported to be in the Republic of South Africa.
3.5 Discovery of the phone in the room
Allan testified that on the morning of 24th September, 2011 around 7.30 am, he
heard a mobile phone ringing in the room in Robert’s locker. When he picked it
and answered, a male voice asked who he was and he said he was Robert’s
roommate. Allan asked who was calling, the caller did not tell him his name and
cut the line. He checked the call log of the phone and found his number in the
received calls. He realised that it was the number he had called when he last
spoke to Robert during the night. It was Robert’s new sim card in Ndagha’s
hand set.
He was curious as to how the phone that Robert was using during the night had
gotten into the room. Allan testified that as far as he knows, after Robert left the
room at midnight with Ndagha he did not return to the room. Allan handed the
phone to Mr. Nitho. The Commission observes that how the phone got into the
room and into Robert’s locker remains a mystery.
38
CHAPTER FOUR
CONDUCT, EFFICIENCY AND PROFICIENCY OF THE MALAWI
POLICE SERVICE IN HANDLING AND CONCLUDING THE
INVESTIGATION SURROUNDING THE DEATH
4.1 Management of the scene of incident
Mr. Mulenga and one student went to report at Blantyre Police Station about a
body lying on the premises of the Polytechnic campus. The Police promptly
responded and came to the Polytechnic. These were Detective Sub/Inspector
Banda and Detective Sergeant Zimba. They took the initial photograph and
waited for the Detective Sub/Inspector Chambwinja to come. Detective
Sub/Inspector Chambwinja soon arrived on the scene and took more
photographs and ordered that the body be moved to the mortuary.
The Commission observed that the Police did not cordon the place to preserve
the scene. They did not take measurements, draw around the body to preserve
the original position it was found in, and did not take fingerprints around the
area. They did not check for marks of violence. The Police did not invite a
medical examiner to the scene before moving the body. The medical examiner
would have done the preliminary physical examination of the body on the site.
The findings would have been helpful in estimating the time of death and also
whether death had occurred on the site.
4.2 Guards on duty on the night of 23rd September
Police did not immediately trace the guards who guarded the incident area.
Police should have called all the guards on duty for questioning on the same day
of the incident. The Police docket shows that statements were recorded only
from two guards of SFGS, namely Mr. Malipilo and Mr. Chumachiyenda. This
was only done two weeks later in October 2011. From the statement of Mr.
Malipilo to the Police, he stated that when he was going to the toilet at 03.40am
he heard a person groaning. He followed the sound and saw the person lying as
if he was sick. He alerted his supervisor Mr. Chumachiyenda.
The Commission observed that Mr. Malipilo is hard of hearing. The
Commission visited the scene with Mr. Malipilo in order for him to demonstrate
39
the place from where he heard the groaning to where the body was lying. There
are two levels from where he was to where the body was found. The body was
on the lower level. The hearing distance is estimated to be 15m. Considering
Mr. Malipilo’s hearing impairment, the view of the Commission is that it is
unlikely that he would have heard a groaning sound from that distance.
Detective Sub/Inspector Chambwinja told the Commission that Mr. Malipilo
told him that he actually saw a person going up the stairs before he heard the
groaning sound. The Commission observed that this fact is not recorded by
Detective Sub/Inspector Chambwinja in the statement that he took from Mr.
Malipilo. Had this statement been made he would not have omitted to record
such an important detail. In his testimony Mr. Malipilo himself denied making
this statement. He maintained his denial in the presence of Detective
Sub/Inspector Chambwinja.
From the notes in the Police docket it is apparent that the Police recognised the
importance of interviewing all the guards that were on duty the night of 23rd 24th September, 2011. Detective Sub/Inspector Chambwinja noted in the docket
that it was essential that the Police should invite all guards, including and
especially Elias Phiri who was the guard at the entrance of Hyrid Hostel as he
might have seen Robert when he was leaving Ndagha’s hostel that night.
However, no statement was recorded from guards of KAMU Guard Services.
On 9th October, 2011 Detective Sub/Inspector Chambwinja went to KAMU
Guard Services to look for Elias Phiri. He was informed that Elias Phiri was not
reporting for duties. Apart from looking for Elias Phiri the Police have not tried
to look for any of the guards from KAMU Guard Services or SFGS. As a result
of this failure to immediately trace the guards, the three guards who were
deployed in the critical places have not been found as mentioned earlier in this
Report. The Commission itself traced and interviewed most of the guards but
was unable to trace Elias Phiri, Harry Makina and Chikondi Mwamvera. With
respect to Harry Makina, the Commission learnt that his personal file and
photograph are missing from his employer’s office.
The Commission did not get useful information about the events of the night of
23rd September from the guards that testified obviously because the critical
guards could be not traced.
40
4.3 Post-mortem examination
As mentioned earlier, Robert’s body was taken to COM mortuary for postmortem examination. Robert’s brother and sister, in the company of neighbours,
came to the mortuary and requested to view the body before the examination.
They were allowed to view the body but were not invited to be present during
the post-mortem examination. Robert’s mother was present but the relatives did
not allow her to see the body because of her high blood pressure condition.
Since the matter was in the hands of the Police, it was the Police who requested
for the post-mortem examination to be conducted and the Polytechnic
guaranteed payment.
The Commission was informed by Mr. Chirambo and the Pathologist that
during the examination there was heavy Police presence. The Police included
senior officers from the National Police Headquarters and the SRPH. The
Commission was further informed that after the post-mortem examination the
Police handed the Pathologist the alleged suicide note addressed to Robert’s
father. This note had been given to the Police by Mr. Chirambo. It is unusual for
the Police to give a Pathologist unsolicited information after a post-mortem
examination has been conducted. In the view of the Commission this, together
with the heavy Police presence, was to influence the Pathologist’s decision to
perpetuate the suicide theory as discussed below.
4.4 Press Statement
On the evening of 24th September, 2011 the IG called the then National Police
Press and Public Relations Officer, Senior Assistant Commissioner Willie
Mwaluka and said to him that he was not “feeding” the nation with sufficient
information about the death of Robert Chasowa. He was instructed to go to
Blantyre to get the information and issue a press statement. On 25th September,
2011 Senior Assistant Commissioner Mr. Mwaluka travelled to Blantyre. He
instructed the SRPH Press and Public Relations Officer Assistant Commissioner
Davie Chingwalu not to say anything on the matter and that he would handle it
himself.
On arrival at the SRPH, Senior Assistant Commissioner Mwaluka was briefed
by Assistant Commissioner Chingwalu and then he met the RCIO
Superintendent Chisale, Senior Deputy Commissioner Lexten Kachama and
UCIO Superintendent Caroline Jere. RCIO Superintendent Chisale explained to
41
him that the previous day’s investigations had found a suicide note. He was
given the alleged suicide note and the preliminary post-mortem examination
report. Senior Assistant Commissioner Mwaluka then proceeded to draft a press
statement.
Senior Assistant Commissioner Mwaluka called the IG and read the draft
statement to him. According to Senior Assistant Commissioner Mwaluka, this
was to seek the IG’s approval of the statement before it could be released. He
said this is the standard requirement. The IG gave his approval for the statement
to be released as was. The Press Statement was released in the afternoon of the
same day on both television and radio. The Press Statement was taken to the
print media houses on the same day and started appearing in the print media the
following day. The Press Statement is attached as Annex 11.
The IG does not dispute that the Press Statement was read out to him after it
was drafted. He made no changes to it. He disputed that it was read over to him
in order for him to approve its contents. According to him, the officers on the
ground were best placed to determine the contents of the Press Statement.
According to the Press Statement, Robert had committed suicide. The relevant
paragraph from the Press Statement states: “With this evidence adduced, it is
evident that Robert Chasowa had already planned to commit suicide. It is also
evident in this regard that the deceased jumped from the upstairs corridor that
resulted to sustaining of head injuries”.
4.5 The suicide theory
The Commission learnt from Mrs. Rebecca Madulila and Mr. Vincent Chaduka
that the first police officers on the scene, i.e. Detective Sub/Inspector Banda and
Detective Sergeant Zimba, were overheard discussing between themselves that
this could not have been suicide by jumping from the balcony. They said there
should have been blood and brain tissue splattered and other obvious body
injuries. Similarly Mrs. Katenje, the Dean of Students at the Polytechnic,
informed the Commission that she overheard the same two police officers at the
COM mortuary discussing that this could not have been a suicide. They said
that they expected blood and brain to splatter following a fall from such a
height.
Commissioner Jose testified that in her first communication to him, UCIO
Superintendent Caroline Jere reported that the first officers on the scene had
42
suspected “foul play”. When Senior Deputy Commissioner Lexten Kachama
was briefing Robert’s father and relatives on the morning of 25th September,
2011 he informed them that although there was a note suggesting suicide it was
too early to exclude the possibility of murder. He further informed them that the
matter was being investigated and that the post-mortem examination report was
being awaited.
We have earlier talked about the alleged suicide note and that the note was
passed on to the Police by the Polytechnic Administration. From that point on
senior police officers mooted the possibility of suicide. However, although
suicide was mooted, the senior officers did not completely rule out the
possibility of foul play. They in fact recommended further investigations. The
Commission therefore observes that the first officers on the scene were of the
opinion that it was foul play and that suicide was mooted later by senior
officers.
It was only in the Press Statement that this matter was conclusively said to be a
case of suicide. The relevant paragraph from the Press Statement is quoted
above.
As mentioned earlier, the Press Statement was made on the afternoon of 25th
September, 2011. The Commission observes that this was before the final
results of the post-mortem examination and before the authorship of the alleged
suicide note was confirmed by a handwriting expert. The Press Statement
virtually closed the chapter on the matter. After the Press Statement, on 26th
September, 2011 the main investigator in the matter, Detective Sub/Inspector
Chambwinja, closes the chapter on further investigations in these words:
“26/09/11 – scene of crime was already visited by high delegated police officers
including the Crime Supt, the RCIO, the UCIO, the Regional Photographer and
myself. The scene clearly shows that the deceased committed suicide.”
Upon hearing the Press Statement, Dr. Dzamalala was prompted to react
because he had not yet issued the final post-mortem examination results. Dr.
Dzamalala’s reaction, which appeared in the Malawi News newspaper of 1st
October, 2011, was prompted by the fact that the Press Statement implied that a
final post-mortem examination report had been issued. The final post-mortem
examination report, as mentioned earlier was only signed on 4th October, 2011.
It was collected by the Police on 5th October, 2011.
43
4.6 Further investigations
There was a contradiction between the Press Statement and the post-mortem
examination results and the controversy was now in the public domain. On 6th
October, 2011 the Police were compelled to re-open the investigations.
According to the Police docket, this is how Detective Sub/Inspector
Chambwinja goes back to the matter and we quote:
“06/10/11 – Taking from what the post-mortem examination result has said
intensive enquiries have been started with the help of the RCIO South. We have
for the second time invited some people to clarify on some points on the
movement of the deceased on this particular day... .”
The Commission observes that if it were not for the post-mortem examination
Report, this matter would have been closed on the basis of the Press Statement.
The Police docket shows that from 6th October, 2011 the Police indeed went on
to interview further witnesses in the matter.
In the course of the investigations, the alleged suicide note together with
specimens of Robert’s handwriting collected from the Polytechnic, were
submitted, on 19th October, 2011, to Assistant Commissioner Tiyese Mavuto
Chiumbuzo for examination. He is the Handwriting Expert for the MPS.
These documents were marked Q1 to Q3 and S1 to S3. Q1 to Q3 were the
questioned documents, that is, the letter to the father, the envelope it was in and
a poem entitled “Life is a Mystery”. S1 to S2 were specimen examination
papers written by Robert Chasowa and S3 is a poem entitled khumbo la khumbo
lane written by Robert Chasowa.
Assistant Commissioner Chiumbuzo submitted his Report on 28th October,
2011. He concluded that:
“Based on these observations there is high probability that Robert Chasowa
was responsible for the authorship of questioned anonymous letters and the
envelope which were submitted for handwriting examination”.
The Report is attached as Annex 12.
According to the Police, because they were “implicated” in the matter, it was
proposed that there should be investigations by external institutions. Senior
Assistant Commissioner Mtekama proposed that the alleged suicide note
44
together with the specimens should be sent to the Republic of South Africa for
independent expert opinion.
The Police sent the documents that had been examined by Assistant
Commissioner Chiumbuzo to the Questioned Documents Unit of the Forensic
Science Laboratory of the South African Police Service. They were examined
by Colonel Marthinus Theunis Du Toit. He is an expert examiner of questioned
documents. In his Report dated 14th February, 2012 he concluded as follows:
“... The disputed writing marked Q1 to Q3 and the specimen writing marked S1
to S3 was written by the same writer. ...”
The Report is attached as Annex 13.
Deputy Commissioner Lexa Chalera, then Director of CID, proposed that the
rest of the investigation be undertaken by Interpol. According to her, she wrote
a memo to the IG to that effect. The Commission confirmed that there was
communication with Interpol.
In their testimony before the Commission, all police officers interviewed and
asked about the Press Statement agreed that it was grossly inappropriate to issue
such a conclusive Press Statement that Robert had committed suicide at that
stage of the matter. It was only the IG who did not seem to agree with this
position. The police officers also agreed that the matter needed to be
investigated further. The IG too agreed. The Commission established that to
date the investigations in the matter have not been concluded. The Commission
was told that nothing is being done by the MPS to investigate the matter further
because they are waiting for Interpol to take over. The Commission however
takes judicial notice that in the course of the Inquiry some individuals have been
arrested on account of this matter.
45
CHAPTER FIVE
THE POLITICAL DIMENSION
5.1 Robert’s involvement in youth organisations
The Commission was informed by Alex Black Moses that in 2010 he formed an
organisation called Youth for Freedom and Democracy (YFD). Alex Black
Moses later persuaded Robert, his childhood friend, to join him in the
organisation. He said he needed Robert in the organisation because he himself
has not gone very far with education. According to Alex Black Moses, he
formed YFD because he was not happy with the political disagreements that
were going on at that time between the late State President Professor Bingu wa
Mutharika and the then Vice President Madam Mrs Joyce Banda and the effects
of those disagreements on the economy.
One of the activities of YFD was to publish and distribute materials which were
critical of the Government and its leadership. The publication was entitled
“Youth for Freedom and Democracy: A Weekly Political Update”. These
materials were mostly being distributed in Blantyre. They were also published
on various websites including Nyasa Times 2. As a result of this publication
Alex Black Moses was arrested by the Police on 31st December, 2010 at Motel
Paradise in Blantyre. After his release from custody Alex Black Moses met with
Robert in early 2011. In their discussion they agreed to meet with Mr. Kamlepo
Kalua.
According to Alex Black Moses, Mr. Kalua was the person providing them with
the materials they were publishing in the Weekly Political Update. They went to
meet Mr. Kalua in the company of Justice Kangulu. While with Mr. Kalua he
warned them about the dangers of anti-government activities. He advised them
not to trust each other or mention those that were helping them with the
publications. Their response to the warning was that they were prepared to face
the consequences. According to Alex Black Moses, Robert continued to work
with him.
While Robert was interacting with Alex Black Moses he had also joined
Duncan Phiri in June 2011 in an organisation called New Vision Youth
Organisation (NVYO). This is the organisation whose plan, as mentioned
2
http://www.nyasatimes.com
46
earlier, was to promote youth involvement in development activities. In
particular, the organisation was interested in working with the government in
the political arena, restructuring of MRA, tracing tax evasion by traders,
developing ways of supporting the ZDB, utilization of the green belt initiative
and analysis of the Farm Inputs Subsidy Program. Their ideas were given to
Robert to draft a proposal to present to government. The Commission finds
confirmation of these matters in what is contained in Robert’s diary in the entry
of 16th June, 2011 where he writes:
“ ... WE PLAN TO PROPOSE FOR THE IMPLEMENTATION OF THE
CASH/ZERO DEFICIT BUDGET AND RESTRUCTURING THE MRA - PLANS
TO DEFEAT THE TAX EVASION FRAUD IN MALAWI AS A WAY TO
IMPLEMENT THE BUDGET
THE UTILIZATION OF THE GREEN CURVE AND THE DEVELOPMENT
THAT MAY FOLLOW - A FINAL ANALYSIS OF THE SUBSIDY
PROGRAMME IN COMPARISON TO GOVT FARMS TO COVER UP THE
GREEN CURVE - MEETING JUSTICE TOMORROW AGAIN” (sic). A copy of
the diary entry is attached as Annex 14.
5.2 Attempts to meet with the then State President
On 25th June, 2011, in his diary Robert talks about the need to finish the draft
proposal to present to the Press Officer of the President, Mr. Albert Mungomo.
On 27th June, 2011 Robert talks about completing the proposal and discussing it
with the group which he refers to as the “Conspiracy” in his diary. The group,
as mentioned earlier, comprised of Duncan Phiri, Phaniso Mhone, Justice
Kangulu and Robert.
On this same day Robert talks of sending the proposal to Mr. Mungomo and
waiting for an invitation from him to a meeting the following day. It would
appear that on the 28th June, 2011, Robert and Justice Kangulu met Mr.
Mungomo to discuss a deal on production of identity cards. Later on that same
day, as a group, they had also arranged to meet Mr. Mungomo to discuss their
proposal. The group was not able to meet Mr. Mungomo because he did not
show up as arranged.
On 4th July, 2011 the group arranged to meet Mr. Mungomo at Capital Hotel in
Lilongwe. The meeting was to be on 8th July, 2011. On 7th July, 2011 the group
47
met to prepare for the meeting. On 8th July, 2011 the group travelled to
Lilongwe to meet Mr. Mungomo to discuss the proposal as scheduled. In
Lilongwe they called Mr. Mungomo who told them that he was in an emergency
government meeting and that he would meet them later. Mr. Mungomo never
showed up until the group decided to return to Blantyre.
According to Duncan Phiri, the whole idea of meeting Mr. Mungomo was for
him to facilitate a meeting with the then State President. After failing to meet
Mr. Mungomo the group decided they would try to contact Honourable
Professor Peter Mutharika, MP. On 18th July, 2011 Robert called Honourable
Mutharika. This is confirmed by Robert in his diary entry of that date and his
phone records. The phone records are attached as Annex 15. Duncan also told
the Commission that Robert called Honourable Mutharika on 18th July, 2011. It
would appear that this plan of meeting the then State President was not working
out for the group.
5.3 Interaction with the Police
As mentioned above, there were national anti-government demonstrations on
20th July. Following those demonstrations, other demonstrations were planned
for 17th August, 2011. The group conceived another plan to work with the
Government through the MPS to prevent the demonstration scheduled for 17th
August. As indicated earlier, the group was concerned with the impact of the
20th July demonstrations on the youth and the economy. They feared that the
scheduled demonstrations would worsen the situation.
The interaction of the group with the Police has been discussed earlier in this
Report. We have also explained how the interaction was terminated and how the
group reacted to the termination. According to Duncan Phiri, whilst the rest of
the group gave up on their demands for payment following the termination of
their engagement with the Police, Robert felt used and was determined to
pursue the matter. It was at this point that he reverted to his involvement with
Alex Black Moses in the anti-government publications apparently without the
knowledge of rest the group.
48
5.4 YFD publications
Although Robert interacted with the group and was part of the plan to prevent
the 17th August demonstrations by the group, his resolve was to work against
the government. According to his diary entry of 11th August, 2011 his
perception of the leadership was as follows: “POWER CORRUPTS AND
CORRUPTS ABSOLUTELY. BUT SINCERITY IS AN ATTRIBUTE OF HIGH
INTEGRITY. THEY ARE A BUNCH OF HYPOCRITES. MAY BE IT IS A
RESULT OF PRINTED PAPER SOME CALL IT MONEY.
A COUNTRY RUN BY A BUNCH OF HYPOCRITES. PUPPETS WHO CANT
MATCH THEIR ACTION AND VOICE. IS THIS LEGACY REFERENDUM
LEFT FOR US. A BUNCH OF OPPORTUNISTS WHO MAKE MONEY OUT
OF BLOOD. IS THIS THE SPIRIT OF THE FIGHT YOU STAGED IN 93 AND
92. OR HAVING SEEN NO HOPE YOU RESORTED TO A CONNING
ENTREPRENEURSHIP. THIS IS MY COUNTRY AND IF ANYONE IS TO
COLLECT IT AM GOING TO BE THAT MAN.” (sic)
In his entry of 12th August he continued as follows:
“... THIS CALAMITY FACING MY LAND IS A RESULT OF DEEPER
PLAGUE AFFECTING MY MOTHER LAND. I KNOW THE PEOPLE ARE
SICK. THEY ARE CORRUPT AND HUNGRY FOR MONEY THEY
INSATIABLE APPETITE FOR POWER IS DEVILISHLY SCARY. WHO WILL
COME OUT AND MAKE THEM PEOPLE UNDERSTAND, CONSTRUE,
DECIPHER AND PERCIEVE THINGS IN THE RIGHT MANNER?” (sic).
A copy of the diary entry is attached as Annex 16.
It was apparent to the Commission that when Robert reverted to his activities
with Alex Black Moses he was more determined than before to work against the
Government. Robert’s determination is manifest in Volume 3A of the Weekly
Political Update dated 15th August, 2011 on which he decided to append his
mobile phone number. Previously it was only Alex Black Moses’s mobile
phone numbers that were appearing on the publications.
According to Duncan Phiri, when he as well as Phaniso Mhone asked Robert
why his mobile phone number was appearing on such a publication, Robert did
not seem to mind. From Volume 3A to Volume 6A which is dated 19th
September, Robert’s mobile phone number continued to appear on the
publications. The Commission observed that the contents of the publications
49
became more and more critical of the government and its leadership as they
progressed from Volume 3A to 6A. The publications are attached as Annex 17.
As mentioned earlier, on 19th September, 2011 Robert, Alex Black Moses and
Innocent Sulani went to NPL Office at Ginnery Corner in Blantyre to deliver a
copy of Volume 6A of the Weekly Update. From NPL Robert and Innocent
went back to the Polytechnic. Alex Black Moses continued distributing the
publication. He gave a copy to Mr. Bester Saopa whom as mentioned above was
a DPP functionary. On that same day Alex Black Moses also met Mr. Cecil
Kapakasa, a DPP youth cadet and friend to Mr. Noel Masangwi who warned
him of the consequences they would face for distributing the publications.
It has also been stated above that on 19th September, Commissioner Jose
received a phone call from the then Presidential Guard Commander, Mr.
Mwapasa reporting that Alex Black Moses was distributing anti-government
publications in town. Commissioner Jose then issued instructions for the arrest
of Alex Black Moses and later issued instructions for the arrest of Robert.
5.5 The wider political dimension
As mentioned earlier, in the years 2010 and 2011the country was going through
political, social and economic problems. It has also been said that these
translated in various forms of reaction from different sections of our society.
CSOs resorted to making ultimatums which eventually led to the 20th July
demonstrations and the events that followed. While these events were taking
place government was making efforts to manage the situation. DPP
functionaries on their part were working to silence the critics. The Commission
was given examples of these events such as the torching of Blantyre market,
Rafik Hajat’s Office and Balaka market. It was also mentioned to the
Commission that there were threats to individual civil society activists.
The Commission learnt that during this period DPP officials held various
meetings to plan for their response to the situation. Mr. James Chimera, DPP
District Governor for Blantyre Urban, informed the Commission that on 18th
July, 2011, Honourable Dr. Lucius Kanyumba, MP, held a meeting of DPP
Southern Region District Governors at Blantyre City Council in the Town Hall.
At the meeting he conveyed a request from the late State President to the
Governors to inform the Party supporters not to take to the streets on 20th July,
50
2011. The late President feared there would be chaos. He advised against
counter demonstrations.
On 19th July, 2011 Mr. James Chimera called for a meeting at the Blantyre
District DPP office to relay the message from the late State President to the
Blantyre District constituents. After the meeting Mr. Frank Julius, DPP District
Youth Director, requested to use Mr. Chimera’s official party vehicle to
transport youths from the constituencies. Suspecting unlawful use of the
vehicle, Mr. Chimera declined to release it. Subsequently Mr. Chimera saw
three DPP vehicles bringing in cartons. He noticed that these cartons contained
pangas. At that point he left.
Later in the evening he heard on Joy Radio that DPP youth cadets drove along
the streets of Blantyre City in DPP vehicles whilst wielding pangas. Mr.
Chimera told the Commission that one of the vehicles was driven by Mr. Frank
Julius. He also told the Commission that one of the three vehicles that was used
was that which was assigned to Mr. Lewis Ngalande, DPP Southern Region
Youth Director.
Mr. Chimera told the Commission that after the 20th July demonstrations there
were several meetings at the Blantyre District DPP office. At one of the
meetings Mr. Frank Julius wanted to beat him up. Mr. Stoni John tried to defend
him. This led into a fight between Mr. Stoni John and Mr. Frank Julius. In the
course of the fight Mr. Chimera heard Mr. Frank Julius say “muona zimene
anawona Chasowa” (you will be dealt with the way Chasowa was). These
words were being directed at Mr. Chimera himself and Mr. Stoni John. Mr
Chimera was emphatic about these words having been uttered by Mr. Frank
Julius.
Commenting on Robert’s death, Mr. Chimera told the Commission that
information coming to him was that on the night of 23rd September, 2011
Robert was picked up from the Polytechnic campus by the Police with the help
of KAMU Guard Services guards. He heard that Robert was then taken to the
SRPH and that electric shock sticks were used to subdue him. He was then
taken from SRPH to some place along Lunzu road and eventually dumped dead
at the Polytechnic campus. As will be mentioned below, this part of Mr.
Chimera’s testimony is to some extent supported by the testimony of Detective
Sergeant Hanna Senduwa of Limbe Police Station.
51
According to Mr. Chimera, Mr. Stoni John told him that the people who were
responsible for inflicting the fatal injuries on Robert were Mr. Dolph Botomani
and Mr. Sam Chulu. He said this appears to have been done on the instructions
of Mr. Lewis Ngalande.
The Commission was not able to interview Mr. Stoni John. He was brought to
the venue of the hearings in the company of Mr. Chimera but before he could be
interviewed he turned hostile on Mr. Chimera saying “mukufuna kundiyika
mmavuto” (you want to get me into trouble) and then he bolted. The
Commission subsequently tried to trace him but has not been successful.
The Commission heard from Mr. Redson Mtiya, DPP Constituency Organising
Secretary. He testified that on 19th July, 2011, after the meeting that was called
by Mr. James Chimera, he was asked to remain behind together with Mr.
Chikondi Makoka, the Constituency Governor and Frank the Campaign
Director by Mr. Frank Julius. He did not know why they were told to remain
behind. Later he saw three DPP vehicles driving into the office premises. The
vehicle in front was being driven by Mr. Frank Julius. In the vehicles were DPP
youth cadets with pangas.
The youth cadets were instructed by Mr. Frank Julius to drive along the streets
of Blantyre wielding the pangas. Mr. Mtiya said that he indeed joined the DPP
youth cadets and took part in the panga wielding incident. The purpose was to
intimidate people from joining the demonstrations the next day. According to
Mr. Mtiya, when Mr. Frank Julius was organising the DPP youth cadets, Mr.
Lewis Ngalande was present at the office but he did not say anything. After
driving around Blantyre they went back to the DPP offices where Mr. Ngalande
thanked them for a job well done and gave each of them K1000.00.
Mr. Mtiya further testified that a later meeting was called at the DPP office to
resolve a conflict between Mr. James Chimera and Mr. Frank Julius. At this
point he realised that there was a disagreement about Party positions in the
District. The meeting did not resolve the problem as it soon became apparent
that there were two opposing camps, one supporting Mr. Chimera and the other
supporting Mr. Frank Julius. In the course of the meeting a fight broke out
between Mr. Stoni John, a Chimera supporter, and Mr. Frank Julius. In the
course of the fight Mr. Stoni John said that “he was going to reveal everything
because the people were being childish”. Mr. Chimera confirmed that Mr. Stoni
John made this statement.
52
According to Mr. Mtiya, when he heard this statement he became curious to
find out what was happening. Mr. Mtiya asked Mr. Stoni John what he meant
by that statement. Mr. Stoni John told him that he was the one who torched
Balaka market and Mr. Rafik Hajat’s Office but that he had not been adequately
paid for the jobs. Further, Mr. Mtiya said Mr. Stoni John told him that he had
attended meetings that were intended to deal with Robert Chasowa who,
according to them, was causing trouble at the Polytechnic and they wanted to
silence him (“timuphwetse”). According to Mr. Mtiya, he later heard that
Robert Chasowa had been found dead.
The Commission interviewed Mr. Frank Julius. He confirmed his disagreements
with Mr. James Chimera and being involved in a fight with Mr. Stoni John.
According to Mr. Frank Julius the fight was about “office politics”. He denied
being involved in the panga wielding incident as at that time he was at his home
village in Zomba. He denied saying the words “muwona zimene anawona
Chasowa”. He told the Commission that he resigned from his position in
August 2011. The Commission established that Mr. Frank Julius lied on this
aspect because according to Mr. Noel Masangwi, DPP Regional Governor,
whom the Commission interviewed subsequently, Mr. Frank Julius resigned
from his position not earlier than December 2011.
Mr. Kamlepo Kalua told the Commission that he knew Robert. At some point
Robert and his friends went to him to ask for information on political issues to
publish. He confirmed that he gave them the information they needed. On the
night of 23rd September, 2011 Mr. Kalua spoke to Robert on several occasions.
He first spoke to him around 5 pm and then around 9 pm. The last time he spoke
to him was around 10 pm.
He said that Robert told him that he feared for his life because of the articles
and that he wanted to flee from campus and go to Lilongwe. Mr. Kalua advised
him to remain on campus. Explaining Robert’s death Mr. Kalua told the
Commission that he thought that Robert’s friends Duncan Phiri and Phaniso
Mhone might have betrayed him. He also thought that there were DPP
functionaries at the Polytechnic who might have been involved in planning the
death of Robert. He mentioned in particular Dr. James Buliyani, a lecturer at the
Polytechnic. He also mentioned Mr. Moffat Banda a friend to Dr. Buliyani.
Mr. Humphrey Mvula told the Commission that he was one of the organisers of
the 20th July demonstrations. He confirmed to the Commission that after those
53
demonstrations they were planning for other demonstrations on 17th August,
2011. He said while they were at Mr. Rafik Hajat’s Office planning for the
demonstrations on a certain day, three young men came to them. The young
men warned them that their names were on the Government hit list and advised
them to call off the 17th August demonstrations. He later learnt that one of those
young men was Robert Chasowa.
As regards Robert’s death, Mr. Mvula told the Commission that there were two
groups of civilians assisted by the MPS who were involved. One group was
from Ndirande and the other group was from Bangwe. He mentioned Mr.
Dolph Botomani, Mr. Sam Chulu and Amos3 as the Ndirande group. According
to Mr. Mvula, Mr. Botomani almost confessed to him to have taken part in
Robert’s murder and that they were working under a DPP network involving
Mr. Noel Masangwi and Mr. Lewis Ngalande. Mr. Mvula also said the Bangwe
group included Mr. Mike Chitenje, also known as Bangwe One and Mr. Isaac
Osman, also known as Mtopwa One. He also said that this Bangwe group was
in a network involving Honourable Professor Peter Mutharika.
Mr. Mvula informed the Commission that Mr. Mike Chitenje had been paid K6
million which was paid through his First Discount House (FDH) Bank account
and that this money had been used to purchase a truck. The money had
apparently come from the State House. The Commission obtained the bank
statements from FDH Bank of Mr. Mike Chitenje’s accounts, trading as
Mulanje Last Boxing Promotions and Bangwe One Investments.
With regard to the Mulanje Last Boxing Promotions bank account, for the
period dating from 2nd September 2011 to 2nd July, 2012, there were transactions
ranging from K20,000.00 to K5 million. The Bank could not provide the deposit
slips for the period 4th October 2011 to 30th March 2012 which are said to be
missing. The Commission was curious that the deposit slips for the 6 months
were missing.
The Bangwe One Investments bank account has transactions ranging from K10,
000.00 to K2, 500, 000.00. The Commission noted that the business was
registered with the Registrar General on 23rd September, 2011 and the bank
account was opened on 10th October, 2011. Three deposit slips for this account
are said to be missing. The bank statements are attached as Annex 18.
3
Last name not provided
54
According to Mr. Mvula, the MPS assisted the two groups above under the
supervision of Sub/Inspector Yuda. Mr. Mvula further told the Commission that
there were also two Zimbabwean hit men who were working with the Police. He
said that the two Zimbabweans were accommodated at Michiru Lodge and
Mkango Lodge in Blantyre. On the fateful night Robert is alleged to have been
identified by a Polytechnic lecturer Mr. Nazombe. He was then grabbed by a
team wearing KAMU Guard Services uniform.
Mr. Mike Chitenje testified before the Commission. He told the Commission
that Mr. Sam Chulu, Mr. Dolph Botomani and Mr. Petros Tembo were
demanding money from Mr. Noel Masangwi. The three went to the DPP office
in Blantyre demanding K1 million and a vehicle each from Mr. Noel Masangwi.
Knowing these three, Mr. Mike Chitenje wondered what kind of business they
would have done to warrant payment of such a huge sum of money. He denied
knowing Robert Chasowa and any involvement in his death.
The Commission interviewed Mr. Sam Chulu. He denied knowing Robert
Chasowa and any involvement in his death.
Mr. Petros Tembo appeared before the Commission and denied knowledge of
Robert Chasowa and said that he was not involved in his death. He told the
Commission that he is into debt collection business. He also occasionally travels
to the Republic of South Africa to buy commodities for sale. He told the
Commission that he worked closely with Mr. Dolph Botomani. He also told the
Commission that together with Mr. Dolph Botomani they registered a debt
collection business styled BODO Debt Collectors with the Registrar General.
He could not recall where he was in September 2011. He heard about Robert
Chasowa’s death through the radio.
Mr. Dolph Botomani also appeared before the Commission. He said he
frequently travels to the Republic of South Africa to buy commodities for sale.
He said that around 23rd September, 2011 he was either in the Republic of South
Africa or on his way back from there. That is when he heard about the death. He
confirmed to the Commission that he knew Mr. Petros Tembo. He did not do
business together with Mr. Petros Tembo. He had travelled with him to the
Republic of South Africa only once. The Commission noted that this was unlike
the impression given by Mr. Petros Tembo. As regards the registration of
BODO Debt Collectors business, he said the matter was left with Mr. Petros
Tembo. He was not sure whether the business was registered at all.
55
The Commission heard from Detective Sergeant Hannah Senduwa. She told the
Commission that during the night of 23rd September, 2011 she was on duty at
SRPH. Also present were fellow police officers from Limbe Police station.
These were, Officer in Charge, Deputy Commissioner George Dziko, Inspector
Benard Ali Ukasha, Assistant Superintendent Pax Justin Thavi, Inspector Maria
Gomani, Sub/Inspector Francis Sandramu and Constable Stanford Horea. At the
SRPH they found some senior police officers. These were the then RCIO
Stanley Chaima, UCIO Superintendent Caroline Jere, Deputy Commissioner
Lexa Chalera, Commissioner Rodney Jose, Assistant Commissioner Dave
Chingwalu, Deputy Commissioner Willie Mwaluka, the IG and Sub/Inspector
George Mwalilino.
She also noticed the presence of civilians, Mr. Noel Masangwi, Mr. Lewis
Ngalande, Mr. Mike Chitenje, Mr. Isaac Osman and Mr. Stoni John. She asked
Sub/Inspector Mwalilino, who she was with, what was happening. He told her
that that was the group which was looking for Robert Chasowa. Sub/Inspector
Mwalilino explained to her that Robert Chasowa was part of the group that had
been hired to prevent protests and was insisting on the money that his group had
been promised.
After a while the civilians left in a black Prado accompanied by Constable
Stanford Horea. They soon returned with a young man who was gagged. They
were using shock sticks to subdue him. She recognised the young man as Robert
Chasowa. She recognised him because he was taking the same Mechanical
Engineering course as her daughter at the Polytechnic. Shortly thereafter
Robert was taken back to the car. Constable Horea told her that they were
taking him to Mr. Noel Masangwi’s house for further investigations.
The group returned around 02.30 am without Robert. According to Detective
Sergeant Senduwa, Constable Horea said “ife tathana naye kukakhala kuyankha
akayankha ndi ma bwana, bola ife ndalama ayike ku bank (we are through with
him, the bosses will be answerable; provided our money is deposited in our
bank accounts)”
Detective Sergeant Senduwa further said she heard Mr. Stoni John and Mr.
Mike Chitenje saying “atimva, tipanga zazikulu, bola ife tamponya,
akamamutola, Mr Chaima alembe msanga makalata okaika mzovala kuti
information should agree with Mr Mwaluka’s statement” (we have done our bit
56
and dumped him, now it is up to Mr Chaima to write the notes to put in his
clothes so that Mr Mwaluka’s statement can be supported).
The following morning she heard that Robert Chasowa had been found dead at
the Polytechnic campus. According to her, most of the officers who were
involved that night were subsequently promoted.
The Commission interviewed all the police officers that Detective Sergeant
Senduwa mentioned. All the Police Officers, except two denied being at the
SRPH on the night of 23rd September, 2011. Inspector Gomani and
Sub/Inspector Mwalilino agreed that indeed there was a meeting at the SRPH on
this night and that some officers from Limbe Police Station and Lilongwe came
to the SRPH.
57
CHAPTER SIX
FINDINGS
This Chapter presents the findings of the Commission. The findings are based
on the testimony of witnesses interviewed by the Commission. Some of the
findings are based on the observations of the Commission as it interviewed the
witnesses. The findings are also based on the contents of the post-mortem
examination Report. The Commission also made a further analysis of the postmortem examination photographs. Some of the findings are based on such
analysis.
It will be recalled that the Commission visited the scene where Robert’s body
was found and the surrounding premises on three occasions. The Commission
has also made findings based on these visits. The Commission also researched
for relevant documents including newspaper reports, phone records, bank
statements, passport and motor vehicle registration details. All these have also
informed the findings.
(a) The identity of Robert Chasowa
Robert Chasowa was the third born child of Mr. Austin Kings Chasowa,
of Chembe Village, T/A Msakambewa in Dowa and Mrs Chrissie
Rabecca Chasowa, of Kachere Village, T/A Maganga in Salima. Robert
was born on 20th March, 1986 in Blantyre. He was a 4th year Mechanical
Engineering student at the Malawi Polytechnic. He was a member of the
Seventh Day Adventist Church and also a member of the Fountain of
Victory Ministry.
His hobbies included playing football, drama, reading and writing poetry.
He was a friendly and amiable person, courageous and ambitious. Robert
aspired for leadership. He was passionate about most things he got
involved in. He could also be temperamental. He was close to his family.
(b) Friends and Associates
Robert’s childhood friends included Alex Black Moses and Duncan Phiri.
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On the Polytechnic campus his friends were Lydia Jere, Innocent Sulani,
his roommate, Allan Chipwere, Fred Dickson and Ndagha Mkandawire.
He was very close to Ndagha.
Off campus his friends were Justice Kangulu and Darlington Miseleni.
His associates were Duncan Phiri, Phaniso Mhone, Justice Kangulu and
Alex Black Moses. Although Phiri and Moses were his childhood friends
he only reconnected with them whilst at the Polytechnic. He also
associated with Mr. Stuart Potiphar Chirambo and Mr. Trouble Kalua
through football.
His girlfriend was Ms. Lillian White.
(c) Political activism
The Commission established that Robert worked together with Alex
Black Moses in an organisation styled YFD. YFD published a Weekly
Political Update which was critical of the Government and its leadership.
Robert and Alex Black Moses were personally involved in the
distribution of the materials.
The Commission established that Robert was not happy with the
workings of the Government and its leadership. He perceived the country
as being run by a “bunch of hypocrites, puppets who could not match
their action and voice, a bunch of opportunists who made money out of
blood, corrupt and hungry for power”. Robert perceived himself as an
agent of change as confirmed by the entry of 11th August, 2011 in his
diary. Thus, although Robert was part of the plan to prevent the 17th
August, 2011 demonstrations his resolve was to work against the
Government.
(d) Interaction with politicians
The Commission confirmed that Robert and Alex Black Moses interacted
with Mr. Kamlepo Kalua from whom they obtained materials for the
publications. On 18th July, 2011, according to Robert’s phone records
and his diary, he spoke with Honourable Professor Peter Mutharika.
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(e) Interaction with the Police
After the events of 20th July, 2011, Robert came into contact with the
Police through Duncan Phiri. Robert, Duncan Phiri, Phaniso Mhone and
Justice Kangulu conceived a plan to prevent the 17th August
demonstrations. On 7th August they presented their plan to the IG at his
residence in Area 30 in Lilongwe. This was in the presence of
Commissioner Jose who had driven them to Lilongwe.
The IG was persuaded by their plan whereupon he gave each of them
K50, 000.00. He instructed Commissioner Jose to look into the rest of
their requirements. Upon returning to Blantyre, Commissioner Jose hired
a vehicle for them and also gave them K300, 000.00 for office
accommodation and for other activities.
Upon hearing the testimony of the group and that of the IG and
Commissioner Jose, the Commission could not confirm on the available
evidence that there was a promise for payment of K10 million. However
from the testimony of the IG it was clear to the Commission that the
Police were going to pay the group some money from the MPS Criminal
Investigation Fund on successful completion of the assignment.
The Police found out that the group had failed to convince the CSOs and
UNIMA students to prevent the demonstrations. The Police terminated
the assignment and took their own initiative to prevent the
demonstrations. The Police did not pay the group the expected money.
The Commission has established that upon refusal by the Police to pay
the expected money the group was very angry, especially Robert and
Duncan. Robert and Duncan Phiri pestered the IG and Commissioner
Jose for the payment. The Police did not yield to the demands for
payment. At that point the group disbanded.
The Commission established that prior to the group’s engagement with
the Police, Robert had been involved with Alex Black Moses in the
publication and distribution of the YFD Weekly Political Update, a
publication critical of the Government and its leadership. When the group
disbanded, Robert rejoined Alex Black Moses in the publication and
distribution of the Weekly Political Update.
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The Commission established that this time Robert was even more
determined than before in criticizing the Government and its leadership.
He resolved that he would be the person to bring about change. Robert’s
resolve is shown by the aggressive contents of the publications and the
appendage of his mobile phone number thereon from Volume 3A.
The Commission established that on 19th September, 2011 Robert and
Alex Black Moses went to NPL offices in Blantyre to deliver a copy of
Volume 6A of the publication for inclusion in the Nation newspaper to
ensure a wider circulation. They also had copies of the publication which
they were distributing to the public.
The Commission further established that when Volume 6A was received
by Mr. Bester Saopa, a DPP functionary, the matter was reported to Mr.
Mwapasa, the former Presidential Guard Commander, who reported to
Commissioner Jose. This led to the arrest of Alex Black Moses. Alex
Black Moses implicated Robert. Robert then became a wanted person by
the Police.
(f) Date and time of death
The Commission has not been able to establish the exact time of death.
The Commission finds that Robert was alive as at 00.30 am on 24th
September, 2011. The Commission finds that Ndagha’s testimony that
Robert left her room at 03.33 am was not credible. Ndagha informed the
Commission that she had drunk this evening. From her testimony the
Commission was of the clear view that Ndagha had drunk excessively
that night such that her recollection of the events of this night must have
been impaired.
The Commission also finds that Robert’s body was found lying on a
concrete pavement behind the Administration block near the Accounts
office at about 03.40 am at the Polytechnic campus.
He was confirmed dead by Mrs. Madulila at about 05.00 am on the same
24th September, 2011. The Commission therefore finds that Robert died
after 00.30 am and before 03.40 am on 24th September, 2011.
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(g) Exact place of death
The Commission was unable to establish the exact place of death. From
the evidence available, as detailed in paragraph 2.2.5, the Commission
finds that Robert was assaulted elsewhere and his body brought to the site
where it was found. It is also very likely that Robert was already dead
when he was brought to the site, based on the nature of the injuries which
are described later in the post-mortem examination findings.
The Commission finds that there was ample opportunity of bringing
Robert’s body to where it was found owing to the lapse in the security
arrangements at the Polytechnic campus.
(h) Cause and nature of death
The Commission established that Robert died of intra-cerebral
haemorrhage i.e. bleeding inside the skull and brain. This bleeding was
the result of trauma to the skull as a result of assault.
(i) Results of post-mortem examination
The results of the post-mortem examination confirmed the cause of death
as stated above i.e. intra-cerebral haemorrhage as a result of trauma to the
skull. Robert was assaulted with a blunt instrument to the skull causing
fractures of several skull bones leading to bleeding inside the skull and
brain.
The Commission established, based on the post-mortem examination
report and photographs, that Robert was assaulted to the head at least
three times resulting into the bone fractures referred to above.
(j) Alleged suicide notes
The Commission acknowledges the presence of the alleged suicide notes
and also acknowledges the opinions of the handwriting expert from the
MPS and the Forensic Document Examiner of the South African Police
Service.
The Commission finds however that the theory of suicide is not supported
by any evidence, whatsoever, before the Commission other than the mere
presence of the alleged suicide notes. To the contrary, from all the
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attendant circumstances and the evidence obtained by the Commission,
Robert was killed.
(k) Conduct of the Polytechnic Administration
The Commission finds that there was laxity in the way the matter was
handled after the Administration learnt that the police were looking for
Robert on grave criminal allegations. It is the position of the Commission
that, as guardians of a student in their institution, the Administration
should have escorted Robert to the SRPH which is only a few hundred
meters away from the Polytechnic campus. In that way they would have
formally confirmed why Robert was being sought after. This would have
ensured Robert’s safety in the hands of the Police.
The Commission finds that when the Polytechnic Administration were
made aware of Robert’s death, they properly and promptly responded to
the incident.
The Commission finds that the Polytechnic Administration were
outsourcing security services from two private security companies,
namely, KAMU Guard Services and SFGS. The Commission further
finds that there was lack of coordination between the Polytechnic security
supervisors and the security guard providers.
The Polytechnic did not maintain a proper record of the number and
names of guards present and where they were positioned in relation to the
deployment roster. There was total laxity such that the security guard
providers were functioning on their own.
As a result of this laxity and lack of coordination, guards who were
deployed at critical places such as the front entrance to Hyrid Hostel
where Robert was last seen alive and the one who was guarding the area
where Robert’s body was discovered have not been found.
The Commission finds that had the Polytechnic ensured that the guard
who was deployed at the area where the body was discovered was present
on duty this night, he would have been the person to explain how the
body came to be there.
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The Commission finds that there is uncertainty as to whether there was a
guard at the Dispensary area that night and who this guard might have
been. This uncertainty would have been avoided with proper supervision
on the part of the Polytechnic on the deployment of guards.
The Commission established that at the time of the incident there were no
gates at the entrances, notably the entrance leading to Hyrid Hostel and
the one leading to where the body was found. In addition, the security
lighting around the hostels was inadequate. Gates have since been
installed at all entrances and the security lighting system has been
improved.
The Commission failed to establish how Mr. Victor Mandiwe found the
alleged second suicide note because he was not interviewed as he was
reported to be in the Republic of South Africa.
The Commission agrees with Mr. Allan Chipwere that had this large note,
written on size A3 paper, been on Robert’s bed, Allan would not have
failed to see it. The Commission therefore finds that the second note
could not have been on Robert’s bed.
The Commission was not able to establish how the handset that Robert
used that night while in Ndagha’s room, was found in his locker in his
room early in the morning of 24th September, 2011. The Commission
finds that the Polytechnic negligently handled the mobile phone issue.
The phone should have been handed over to the Police for appropriate
investigations.
The Commission finds that the issue of Robert’s room key was
negligently handled. After the key was discovered in his pocket the
Polytechnic Administration gave it to and left it with another student. The
key should have been handed over to the Police as part of the evidence in
the matter.
The Commission established that most of the major political parties in
Malawi have political wings at the Polytechnic. The Commission finds
that the interaction between these wings was not always cordial. In some
instances it led to violence between the factions, which has been
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described by one witness as “savage politics”. The Commission agrees
with these observations.
The Commission established that the system for quickly locating students
in times of urgent need at the Polytechnic is not properly maintained.
This is demonstrated by the fact that when the Police came to look for
Robert Chasowa, the Administration could not trace him on the
information on his file which had since changed.
(l) Conduct of the Police
The Constitution of the Republic of Malawi in section 153(1) provides
that the Malawi Police Service shall be an independent organ of the
executive which shall be there to provide for the protection of public
safety and the rights of persons in Malawi according to the prescriptions
of the Constitution and any other law.
Section 153 (2) further provides that the Malawi Police Service shall
enjoy only such powers as are necessary for the protection of rights under
the Constitution and the maintenance of public safety and public order in
accordance with the prescriptions of the Constitution and the law.
The Constitution further provides in section 158 (1) that members of the
Malawi Police Service shall ensure that they exercise their functions,
powers and duties as impartial servants of the general public and the
Government of the day.
Pursuant to these provisions section 4 of the Police Act, (Chapter 13:01)
of the Laws of Malawi provides for the general functions of the Police. In
particular, Section 4(1) of the Act provides that the Police service shall be
employed in and throughout Malawi for the:
(a)
(b)
(c)
(d)
prevention, investigation and detection of crime;
apprehension and prosecution of offenders;
preservation of law and order;
protection of life, property, fundamental freedoms and rights of
individuals,
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(e)
(f)
due enforcement of all laws with which the Police are directly
charged; and
exercise or performance of such other powers.
The Commission finds that when the incident was reported to the Police
they responded promptly and went to the scene. The Commission finds
however, that the Police did not take measures to preserve the scene and
did not invite a medical examiner to examine the body before it was
removed from the scene.
The Commission further finds that the Police did not act diligently
enough. They did not immediately summon any of the guards who were
on duty on this night for questioning. Had the Police done so, the critical
guards who are now missing would have been questioned. In that way
useful information about the events of the night of 23rd - 24th September,
2011 would not have been lost.
The Commission finds that Detective Sub/Inspector Chambwinja lied to
the Commission when he testified that Mr. Dindo Malipilo told him that
he saw a person going up the stairs to the corridor above the scene of the
incident just before he heard the groaning.
The Commission finds that there was heavy presence of senior Police
officers from the SRPH and the National Police Headquarters during the
post-mortem examination. The Commission finds that the Police did not
give the family the option of being present during the post-mortem
examination. The Commission also finds that the Pathologist was given
unsolicited information in the form of the alleged suicide note after the
post-mortem examination. The Commission finds this to have been a
deliberate attempt on the part of the Police to influence the decision of the
Pathologist to perpetuate the suicide theory.
The Commission finds that the Press Statement was issued on the
instructions of the IG. The Commission further finds that the contents of
the Press Statement were put together by Senior Assistant Commissioner
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Mwaluka. The Commission also finds that the IG approved the contents
of the Press Statement before it was released.
The Commission finds that the Press Statement concludes that Robert
committed suicide by jumping from an upstairs corridor. It refers to the
final post-mortem examination results as supporting this conclusion. The
Commission finds that this Press Statement creates the impression that at
the time it was made there was already a final post-mortem examination
report, which was not the case. The final report was released on 4th
October, 2011.
The Commission finds that the first police officers on the scene of the
incident suspected that the death was a result of foul play. The
Commission further finds that senior police officers advanced the suicide
theory as the likely cause of death upon finding the alleged suicide note,
but they did not completely rule out the possibility of foul play. In fact
they recommended further investigations.
The Commission finds that the Press Statement ruled out the possibility
of foul play. The Commission finds that at the time the Press Statement
was made, it had not yet been determined by a handwriting expert that the
alleged suicide note was written by Robert. The Press Statement
nonetheless determined that suicide was the cause of death. As a result of
the Press Statement, on 26th September, 2011 the Police formally closed
further investigations of the matter.
The Commission finds that Dr. Dzamalala’s reaction to the Press
Statement denying the issuance of a final post-mortem examination report
brought the matter into the public domain. This, together with the final
report which contradicted the Press Statement, prompted the Police to
reopen the case for further investigations.
The Commission finds the conduct of the Police in prematurely releasing
the Press Statement reprehensible. The Commission determined that the
only plausible reason why the Police wanted to close this matter
prematurely was to conceal the fact that Robert was murdered.
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The Commission finds that the manner in which the Police handled the
scene of the incident and the post-mortem examination was inherently
unprofessional. The premature release and the nature of the Press
Statement were obviously calculated to suppress the truth. The
Commission finds that the Police handled the whole case in total and
glaring disregard of their functions and responsibilities. The deliberate
flouting of basic procedure and the marked attempt to conceal facts of the
case is cause for serious concern.
The Commission finds that the matter was reopened for further
investigation but only two guards have been interviewed. A second
independent expert opinion on the authorship of the alleged suicide note
has been obtained. The matter was referred to Interpol on 17th October,
2011 to take over the investigations. The Police have not followed this
up in earnest. The Commission is of the view that reference of the case to
Interpol was without genuineness and merely to cause the impression that
something was being done about the matter in order to shed off blame.
(m) Conduct of politicians
The Commission established that Robert and Alex Black Moses formed
YFD in 2010 and started producing the YFD publications in mid 2011.
These publications were critical of the Government and its leadership.
The Commission finds that the information for the publications was
provided to them by Mr. Kamlepo Kalua. The Commission established
that Robert was responsible for the printing of the publications and that
together with Alex Black Moses they distributed the same.
The Commission finds that when Robert joined Duncan Phiri, Phaniso
Mhone and Justice Kangulu in June 2011 in NVYO in their involvement
with the Police, he did not renounce his involvement in YFD.
The Commission finds that when their involvement with the Police was
abruptly terminated and without the group receiving payment as
expected, Robert felt used. He then reverted to the production of antigovernment publications with Alex Black Moses. The Commission
further finds that this time Robert was more determined than before to
work against the government. Robert’s resolve was manifested in the
aggressive nature of Volumes 3A to 6A of the Weekly Political Update.
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To further demonstrate his resolve, on 19th September, 2011 Robert and
Alex Black Moses went to NPL offices in Blantyre to deliver a copy of
Volume 6A of the publication for inclusion of the publication in the
Nation newspaper to ensure wider circulation.
The Commission finds that on 19th September, 2011, Volume 6A of the
publications which was extremely critical of the Government and its
leadership, landed in the hands of DPP functionaries. The functionaries
instructed the Police to hunt for Alex Black Moses and subsequently for
Robert.
The Commission finds that while Government was making efforts to
manage the difficult situation the country was going though in the years
2010 and 2011, DPP functionaries were working to intimidate and/or
silence their critics.
The Commission finds that the torching of Balaka Market and Mr. Rafik
Hajat’s Office was by a DPP functionary. The Commission further finds
that DPP youth cadets drove around the streets of Blantyre to intimidate
those that had planned to demonstrate on 20th July, 2011.
The Commission finds that there were meetings held by DPP
functionaries planning, among other things “kumphwetsa” (to silence)
Robert. The Commission finds that Mr. Stoni John took part in the
planning meetings of the DPP functionaries to silence Robert. The
Commission further finds that at one of the meetings convened by DPP
functionaries for Blantyre District, Mr. Frank Julius uttered the words
“muwona zimene anawona Chasowa” (you will be dealt with the way
Chasowa was).
The Commission finds, from Mr. Frank Julius’s statement, that the plan
to silence Robert had been executed.
The Commission finds that Mr. Stoni John, who bolted before he was
interviewed, told Mr. Chimera that Mr. Dolph Botomani and Mr. Sam
Chulu are the persons who inflicted the fatal injuries on Robert. The
Commission noted that these two were also mentioned by other
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witnesses. In the testimony of Mr. Humphrey Mvula, Mr. Dolph
Botomani almost confessed to have taken part in the killing of Robert.
The other persons that were mentioned to the Commission as being
involved in the murder of Robert are Mr. Mike Chitenje, Mr. Petros
Tembo and Amos. Mr Noel Masangwi and Mr. Lewis Ngalande were
also mentioned. Some Police officers were also mentioned, namely,
Constable Stanford Horea and Sub/Inspector Yuda.
The Commission finds that during the week beginning 19th September,
2011, in particular on 23rd September, 2011, Robert spoke to several
people that he was fearing for his life on account of the YFD
publications. In an attempt to conceal his whereabouts during this week,
Robert changed his mobile phone number several times. Robert was
being sought by the Police at the instance of the DPP functionaries who
were not happy with the publications.
(n) Circumstances of death
From the testimony of the witnesses and analysis of the evidence, the
Commission can summarise the circumstances of Robert’s death in this
way. Robert was seized in the early hours of 24th September, 2011, after
leaving Ndagha’s room, on his way to his hostel. He was gagged. His
resistance was overcome by the use of shock sticks. The information that
Robert was on campus on this night must have come from persons within
campus.
Robert was led away. He was assaulted to the head at least three times.
Robert died as a result of the injuries sustained from the assault. His body
was brought to the Polytechnic and dumped at the site where it was later
discovered.
(o) Identity of possible suspects
The Commission, on the testimony and evidence before it, has identified
the following persons as possible suspects:
1. Mr. Dolph Geoffrey Botomani
2. Mr. Petros Tembo
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3. Mr. Sam Chulu
4. Mr. Stoni John
5. Mr. Mike Chitenje
6. Mr. Isaac Osman
7. Mr. Frank Julius
8. Mr. Noel Masangwi
9. Mr. Lewis Ngalande
10.Mr. Elias Phiri
11.Mr. Harry Makina
12.Mr. Chikondi Mwamvera
13.Constable Stanford Horea
14.Sub/Inspector Yuda
15.Amos
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CHAPTER SEVEN
RECOMMENDATIONS
1. Malawi Police Service
Bearing in mind the mandate and powers of the MPS as provided for in the
Constitution of the Republic of Malawi and the Police Act (Cap. 13:01) of
the Laws of Malawi, the Commission recommends to the Malawi Police
Service as follows:
(a) In the conduct of their duty the Malawi Police Service is expected to live
up to the dictates of the Constitution and as provided for under the Police
Act. Primary is the fact that the Malawi Police Service is an independent
organ of the executive and, therefore, in the exercise of duty towards the
protection of the rights of the public, the Police must conduct itself with
independence and impartiality. The Police must desist from being used in
furtherance of any political agenda.
(b) The Police should exercise its powers for the protection of persons and
property.
(c) In the performance of its duties the Police should always adhere to the
procedures provided for that purpose. These procedures include those
provided for the processing of incident scenes, collecting and preserving
evidence and interviewing witnesses.
(d) The Police must investigate every matter that is reported to it. The
investigations must be conducted and finalised in a professional and
timely manner. The Police must not make conclusions before
investigations are completed.
(e) Where the Police is going to make a public statement on any matter, it is
critical that the statement contains information that is accurate and a true
reflection of the situation. Police should desist from the impropriety of
concealing the truth.
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(f) While the Police is entitled to request for post-mortem examination in
cases of unnatural death, the Police should inform relatives of the
deceased and give them the opportunity to be present during the
examination.
(g) Post-mortem examination is meant to obtain independent professional
findings by a Pathologist. The Police should, under no circumstances,
attempt to influence the opinion of the medical experts by offering
unsolicited information in order to establish the cause of death.
The Commission further recommends that:
(h) The Police should continue and complete the investigations on Robert
Chasowa’s death as a case of homicide. In view of the time that has
lapsed since Robert’s death, the investigations must be done with speed
and completed as soon as possible.
(i) If the investigation establishes that any person is responsible for causing
the death of Robert Chasowa, such person(s) must be prosecuted within a
reasonable time.
2. The Malawi Polytechnic Administration
The Commission recommends to the Malawi Polytechnic Administration
as follows:
(a) The system for tracing students in times of urgent need should be
updated regularly.
(b) The Polytechnic Administration should take more responsibility over
students’ welfare. In instances where a student is wanted by the
Police, the Administration should accompany the student when being
taken to the Police in order for them to be informed of why the student
is wanted and also to ensure the safety of the student in the hands of
the Police.
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(c) There must be proper supervision of security guards and coordination
between the Polytechnic Administration and the security guard
providers.
3. Political parties and politicians
The Commission recommends to political parties and politicians as
follows:
(a) Political parties, politicians or individuals should not use the MPS in
the exercise of their functions, powers and duties to further their
political agenda or to undermine those of others.
(b) Political parties, politicians or individuals should not use the MPS as a
tool for intimidating, silencing or eliminating political opponents.
(c) Political parties, politicians or individuals should desist from
exploiting students in order to advance their political agenda.
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