Vera Chirwa

Last updated
Vera Chirwa
Vera Mlangazuwa Chirwa, 1960s.jpg
Vera Mlangazuwa Chirwa in 1960s
Born (1932-05-26) 26 May 1932 (age 91)
Nationality Malawian
Occupationlawyer
Known for
* Malawi first- female lawyer
* 1981–1993 detention
Notable work Fearless Fighter
Spouse Orton Chirwa

Vera Mlangazua Chirwa (born 26 May 1932) is a Malawian born lawyer and human and civil rights activist. She was Malawi's first female lawyer and a founding member of the Malawi Congress Party and the Nyasaland African Women's League. She fought for multiparty democratic rule in Malawi and was charged with treason, tried and sentenced to death by President Kamuzu Banda. [1] She spent 12 years on death row. [2] She was married to lawyer Orton Chirwa, Malawian Minister of Justice and Attorney General, who later died in prison. [2]

Contents

Early life

Vera Chirwa was born in Malawi (then Nyasaland) on 26th May 1932.

Political career

In the early 1950s, Vera Chirwa joined forces with Rose Chibambo to form the Nyasaland African Women's League, which worked with the Nyasaland African Congress to gain Nyasaland's separation from the unpopular Federation of Rhodesia and Nyasaland. [3] She became Nyasaland's first female lawyer, and was a founding member of the Malawi Congress Party in 1959. [4] After Nyasaland gained self-government in 1961 and became the independent state of Malawi two years later, Orton Chirwa, Vera's husband, became a senior figure in the new government as Minister of Justice and Attorney General. [4]

After having a falling out with Kamuzu Banda, Chirwa and her husband were declared enemies of the state. [5]

Exile and capture

The couple were forced into exile in Tanzania a few weeks later by Banda. They lived in Tanzania, but traveled to Zambia, Great Britain and the United States of America. [6] On Christmas Eve 1981, Vera and Orton Chirwa were kidnapped in the East of Zambia by Malawi security forces and taken back to Malawi to face charges of high treason. [2]

Trial

The Chirwas were tried by a “traditional” court. Both lawyers, conducted their own defense, as traditional courts did not allow defence lawyers in a trial lasting two months in front of judges appointed by Dr. Banda. This case of demonstrated the deficiencies in the system. At the end of their appeal in 1983, the minority of the appellate judges that had legal training opposed the guilty verdict, but it was overruled by the majority composed of traditional chiefs. [7] On the day of the trial Vera defiantly raised her hand to speak and looking the magistrate straight in the eye asked him on what grounds they were accused. Questioning the court was forbidden and the response she received was, "Nothing but you are culprit!". [2]

At their trial, the Chirwas claimed that they had been abducted from Zambia in December 1981. This, and the charge that they had conspired to overthrow the government outside Malawi, should have meant that the Traditional courts had no jurisdiction. The case could still have been heard in Malawi's High Court, but that court required proof of guilt beyond reasonable doubt. The treason case heard against the Chirwas by the Southern Region Traditional Court in 1983 was based on handwritten documents said to have been found in a bag belonging to Vera when she was arrested, and a police officer's “expert” testimony that they were indeed in Orton Chirwa's handwriting. An unsigned statement said to have been made by Orton Chirwa, but repudiated by him, and a transcript said to have been made of a taped interview he had given were also admitted as evidence. This evidence, dubious as it was, was evidence only against Orton Chirwa, not Vera. The only case against her was that the documents were said to have been found in her bag, which she denied. The Chirwas were not allowed to call witnesses from outside Malawi and were both sentenced to death. [8] After the trial, the couple were taken to the central prison in Zomba. According to Chirwa, "En route we forgave the people who gave false testimonies, the judges and even the President." It was the last time she and her husband traveled together. [2]

On the Chirwas' appeal to the National Traditional Court of Appeal, the refusal of the lower court to allow defence witnesses, its admission of Orton Chirwa's unsigned statement and its acceptance of a police officer as an expert witness were all criticised, and minority of the judges did not accept that his creation of an unpublished handwritten documents amounted to treason. However the appeal court came to the startling conclusion that, even if the Traditional courts had no jurisdiction in law, they had a traditional right to try the Chirwas, and that (despite the deficiencies in the lower court's handling of the case), their decision was correct and should stand. The death sentences were commuted, but Orton Chirwa later died in prison. [9]

Imprisonment and release

Conditions in the female ward were tough. [2] Chirwa was subjected to torture and other forms of brutality. She slept on the cement floor, refused to eat the vile food, and was denied visitors, letters from her husband and the right to go outside. [2] She remained in prison on death row for 12 years but remained hopeful for release. [2] She credits her Christian faith for enabling her to keep hope and faith. [2]

In 1990 Amnesty International launched an urgent action to release Orton and Vera Chirwa. In autumn 1992, when a delegation of British legal experts was allowed to pay them a visit, the Chirwas were allowed to see one another again for the first time in 8 years. [2] Orton died in his cell 3 weeks later at the age of 73. Chirwa was not able to attend the funeral. [2]

Banda pardoned her for "humanitarian reasons", and she was released on January 24, 1993 when the country was transitioning to a multi-party state following the end of Banda's rule. [2]

Current career

Human rights activism

In 2000, she was made the Special Reporter on prison conditions in Africa for the African Commission on Human and Peoples' Rights. She also founded the NGO Malawi Centre for Advice, Research and Education on Rights (Malawi CARER) and heads this organization. [2] She campaigned for an end of the death penalty. [2] She continued her fight for human and political rights under the Bakili Muluzi and the Bingu wa Mutharika governments. [5] She also works for Women's Voice, a gender rights organization. [6]

Political activism

Chirwa continues to fight for political rights and has attempted to stand as an independent candidate for president, a challenging task in a country with a party system for someone who is not an established politician. [6]

Vera Chirwa Human Rights Award

The Vera Chirwa Human Rights award is awarded by the Centre for Human Rights at the University of Pretoria in South Africa to an individual "who best epitomises the true African human rights lawyer" and has "made an outstanding contribution to the protection and promotion of human rights in Africa." [10] Recipients are alumni of the Master of Laws programs in Human Rights and Democratization at the University of Pretoria. [10] In 2006 when Chtrwa center received UNESCO Prize , Vera Chirwa human rights award was established. [11]

Previous winners of the prize are:

Publications

See also

Related Research Articles

The History of Malawi covers the area of present-day Malawi. The region was once part of the Maravi Empire. In colonial times, the territory was ruled by the British, under whose control it was known first as British Central Africa and later Nyasaland. It became part of the Federation of Rhodesia and Nyasaland. The country achieved full independence, as Malawi, in 1964. After independence, Malawi was ruled as a one-party state under Hastings Banda until 1994.

<span class="mw-page-title-main">Politics of Malawi</span> Political system of Malawi

Politics of Malawi takes place in a framework of a presidential representative democratic republic, whereby the President of Malawi is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly. There is a cabinet of Malawi that is appointed by the President of Malawi. The judiciary is independent of the executive and the legislature.

<span class="mw-page-title-main">Hastings Banda</span> First president of Malawi

Hastings Kamuzu Banda was the leader of Malawi from 1964 to 1994. He served as Prime Minister from independence in 1964 to 1966, when Malawi was a Dominion / Commonwealth realm). In 1966, the country became a republic and he became the first president as a result, ruling until his defeat in 1994.

<span class="mw-page-title-main">Malawi Congress Party</span> Political party in Malawi

The Malawi Congress Party (MCP) is a political party in Malawi. It was formed as a successor party to the banned Nyasaland African Congress when the country, then known as Nyasaland, was under British rule. The MCP, under Hastings Banda, presided over Malawian independence in 1964, and from 1966 to 1993 was the only legal party in the country. It has continued to be a major force in the country since losing power.

<span class="mw-page-title-main">Kanyama Chiume</span>

Kanyama Chiume, born Murray William Kanyama Chiume, was a leading nationalist in the struggle for Malawi's independence in the 1950s and 1960s. He was also one of the leaders of the Nyasaland African Congress and served as the Minister of Education and the Minister for Foreign Affairs in the 1960s before fleeing the country after the 1964 Cabinet Crisis.

The Nyasaland African Congress (NAC) was an organisation that evolved into a political party in Nyasaland during the colonial period. The NAC was suppressed in 1959, but was succeeded in 1960 by the Malawi Congress Party, which went to on decisively win the first universal suffrage elections in 1961, and to lead the country to independence as Malawi in 1964.

Dunduzu Kaluli Chisiza (8 August 1930 – 2 September 1962), also known as Gladstone Chisiza, was an African nationalist who was active in the independence movements in Rhodesia and Nyasaland, respectively present-day Zimbabwe and Malawi.

Henry Masauko Blasius Chipembere was a Malawian nationalist politician who played a significant role in bringing independence from colonial rule to his native country, formerly known as Nyasaland. From an early age Chipembere was a strong believer in natural justice and, on his return in 1954 from university in South Africa, he joined his country's independence struggle as a nationalist strategist and spokesman. In 1957, considering that the independence movement needed a strong leader similar to Kwame Nkrumah, and considering himself too young for this task, he joined with other young nationalists in inviting Hastings Kamuzu Banda to return to Nyasaland as the movement's leader.

<span class="mw-page-title-main">Orton Chirwa</span> Malawian politician (1919–1992)

Orton Chirwa was a lawyer and political leader in colonial Nyasaland and after independence became Malawi's Minister of Justice and Attorney General. After a dispute with Malawi's autocratic President Hastings Kamuzu Banda, he and his wife Vera were exiled. After being kidnapped abroad they were tried in Malawi on charges of treason and sentenced to death. Amnesty International named the couple prisoners of conscience. After spending nearly eleven years on death row in Malawi, Orton Chirwa died in prison on 20 October 1992.

John Dustan Msonthi was a Malawian politician. He served as a Cabinet Minister and translator during the government of Kamuzu Banda.

In Malawi a system of Traditional Courts has been used for much of the twentieth century to mediate civil disputes and to prosecute crimes, although for much of the colonial period, their criminal jurisdiction was limited. From 1970, Regional Traditional Courts were created and given jurisdiction over virtually all criminal trials involving Africans of Malawian descent, and any appeals were directed to a National Traditional Court of Appeal rather than the Malawi High Court and from there to the Supreme Court of Appeal, as had been the case with the Local Courts before 1970.

Thamar Dillon Thomas Banda ("TDT") was a politician in Nyasaland in the years prior to independence. He was President-General of the Nyasaland African Congress (NAC) from 1957 to 1958, and founded the Congress Liberation Party in 1959.

<span class="mw-page-title-main">Rose Chibambo</span>

Rose Lomathinda Chibambo was a prominent politician in the British Protectorate of Nyasaland in the years leading up to independence as the state of Malawi in 1964, and immediately after.

<span class="mw-page-title-main">1964 Malawi cabinet crisis</span>

The cabinet crisis of 1964 in Malawi occurred in August and September 1964 shortly after independence when, after an unresolved confrontation between the Prime Minister, Hastings Banda and the cabinet ministers present on 26 August 1964, three ministers and a parliamentary secretary were dismissed on 7 September. These dismissals were followed by the resignations of three more cabinet ministers and another parliamentary secretary, in sympathy with those dismissed. Initially, this only left the President and one other minister in post, although one of those who had resigned rescinded his resignation within a few hours. The reasons that the ex-ministers put forward for the confrontation and subsequent resignations were the autocratic attitude of Banda, who failed to consult other ministers and kept power in his own hands, his insistence on maintaining diplomatic relations with South Africa and Portugal and a number of domestic austerity measures. It is unclear whether the former ministers intended to remove Banda entirely, to reduce his role to that of a non-executive figurehead or simply to force him to recognise collective cabinet responsibility. Banda seized the initiative, firstly, by dismissing some of the dissidents rather than negotiating, and secondly, by holding a debate on a motion of confidence on 8 and 9 September 1964. As the result of the debate was an overwhelming vote of confidence, Banda declined to reinstate any of the ministers or offer them any other posts, despite the urging of the Governor-General to compromise. After some unrest, and clashes between supporters of the ex-ministers and of Banda, most of the former left Malawi in October with their families and leading supporters, for Zambia or Tanzania. One ex-minister, Henry Chipembere went into hiding inside Malawi and, in February 1965 led a small, unsuccessful armed uprising. After its failure, he was able to arrange for his transfer to the USA. Another ex-minister, Yatuta Chisiza, organised an even smaller incursion from Mozambique in 1967, in which he was killed. Several of the former ministers died in exile or, in the case of Orton Chirwa in a Malawian jail, but some survived to return to Malawi after Banda was deposed and to return to public life.

<span class="mw-page-title-main">Chilobwe murders</span> Series of murders in Blantyre, Malawi

The Chilobwe murders were a series of murders, numbering at least thirty killings, which took place over several months starting in November 1968 in the suburbs of Blantyre, Malawi, particularly in Chilobwe. A number of rumours grew up around these murders, and many blamed them on the South African Government which, according to various popular accounts, wanted repayment of loans it had given to the Malawi Government, either in human blood or by the enslavement of Malawians to work in South Africa. These rumours were politically damaging to the government of Hastings Banda, which cultivated friendly relations with South Africa's white minority government, and he treated the murders as a serious issue requiring urgent resolution. The murders were never fully solved. Several men were arrested in connection with the murders in 1969, but acquitted for lack of evidence. This caused popular outrage at the criminal justice system which, at that time, was still based on English law and practice. In 1970 another man, Walla Laini Kawisa, made several confessions admitting to some of the murders. He was condemned to death and probably executed in May 1972. It is unlikely that the murders were the work of a single individual, and various theories have been proposed, some linking them to opposition to Banda. Banda himself blamed the murders on ex-ministers involved in the Cabinet Crisis of 1964, and removed Gomile Kumtumanji, a Member of Parliament cabinet minister for the Southern Region from office and had him tried for treason, allegedly for complicity in them.

<span class="mw-page-title-main">Albert Muwalo</span>

Albert Andrew Muwalo Gandale Nqumayo was a prominent politician in Malawi from the 1960s until he was sacked in 1976 and was executed in 1977. He entered politics in the mid 1950s through involvement in a hospital worker's trade union and membership of the Nyasaland African Congress, where his activities led to his detention without trial during the 1959 State of Emergency in Nyasaland. After his release, he joined the Malawi Congress Party (MCP), and became locally prominent in Ntcheu District as district MCP chairman and from 1962 as Member of Parliament for Ntcheu South. In 1963, he became Administrative Secretary of the MCP, and he was a prominent supporter of the then-Prime Minister, Hastings Banda during the Cabinet Crisis of 1964. Muwalo was rewarded for his loyalty with the cabinet post of Minister of Information in 1964, and in 1966 he became Minister of State in the President's Office. His close contact with Banda, both as minister in Banda's office and in the MCP gave him great power and, during the first half of the 1970s he and his relative, the Head of the Police Special Branch Focus Gwede, were heavily involved in the political repression of actual or suspected opponents of the Banda regime. In 1976 he and Gwede were arrested: the reasons for their arrests were unclear, but may have resulted from a power struggle among those around the ageing president or simply because he became too powerful and may have been seen by Banda as a threat. In 1977, the two were tried before a Traditional Court and after a trial whose fairness was in serious doubt, were both sentenced to death. Gwede was reprieved, but Muwalo was hanged on 3 September 1977.

<span class="mw-page-title-main">Judiciary of Malawi</span>

The Judiciary of Malawi is the branch of the Government of Malawi which interprets and applies the laws of Malawi to ensure equal justice under law and to provide a mechanism for dispute resolution. The legal system of Malawi is based on English law, modified since 1969. The Constitution defines the judiciary as a hierarchical system of courts, with the highest court being a Supreme Court of Appeal, together with a High Court and a number of magistrates' courts. Malawian judiciary has frequently demonstrated its independence in recent years. The constitutional court of Malawi nullified the 2019 election results, citing widespread irregularities. The Supreme court upheld the verdict of the constitutional court. Five Constitutional Court judges who overturned the results of the 2019 election have been nominated by the UK thinktank Chatham House for the 2020 Chatham House Prize. Ultimately the judges went onto win the prize.

The Ministry of Justice (MoJ) of Malawi provides legal advice and services to the government's ministries and departments, as well as the general public. The Ministry represents the government in civil litigation cases and prosecute criminal cases on behalf of the State, drafts legislation, and vets agreements and treaties on behalf of the government. The Ministry of Justice and Constitutional Affairs contains the following departments:

<span class="mw-page-title-main">Malawi–Turkey relations</span> Bilateral relations

Malawi–Turkey relations are foreign relations between Malawi and Turkey. The Turkish ambassador in Lusaka, Zambia is also accredited to Malawi. Malawi is accredited to Turkey from its embassy in Berlin, Germany. Turkey has plans to open an embassy in Lilongwe.

Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty by a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.

References

  1. ↑ "Danish Institute for Human Rights - Launch of Vera Chirwa Biography". Humanrights.dk. Archived from the original on June 2, 2010. Retrieved 2011-02-11.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Estelle Drouvin (1993-01-24). "[FIACAT] Malawi, Vera Chirwa Capital woman". Fiacat.org. Retrieved 2011-02-11.
  3. ↑ Kunter, Katharina; Schøjrring, Jens Holger (2008). Changing relations between churches in Europe and Africa: the internationalization of Christianity and politics in the 20th century. Otto Harrassowitz Verlag. p. 206. ISBN   978-3-447-05451-5.
  4. 1 2 "Vera Chirwa | Authors | Macmillan". Us.macmillan.com. 2009-12-04. Retrieved 2011-02-11.
  5. 1 2 Aubrey Sumbuleta (2005-11-16). "Africa | Malawi campaigner still fighting". BBC News. Retrieved 2011-02-11.
  6. 1 2 3 Charles Banda (2010-12-06). "Is Africa ready for a female President?". Newsfromafrica.org. Retrieved 2011-02-11.
  7. ↑ R Carver, (1990). Where Silence Rules: The Suppression of Dissent in Malawi, Human Rights Watch, p. 32. ISBN 978- 0-92969-273-9
  8. ↑ R Carver, (1990). Where Silence Rules: The Suppression of Dissent in Malawi, pp. 37-8.
  9. ↑ R Carver, (1990). Where Silence Rules: The Suppression of Dissent in Malawi, pp. 39-41.
  10. 1 2 "Gabriel Shumba wins rights award". Nehanda Radio. 9 December 2012. Archived from the original on 1 February 2016. Retrieved 27 December 2012.
  11. ↑ Vera Chirwa Awards
  12. ↑ Ugandan Judge Scoops Vera Chirwa Human Rights Award
  13. ↑ Joojo Cobbinah receives Vera Chirwa Award for his impactful and courageous journalism
  14. ↑ "Vera Chirwa Awards Winners".
  15. ↑ "Fearless Fighter | Vera Chirwa | Macmillan". Us.macmillan.com. 2009-12-04. Retrieved 2011-02-11.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.