on rogue ond'vogobond - CHREAAchreaa.org/documents/article-on-launch.pdf · Chantefl'or College...
1
6 ltEws NAT!(},ruAt Molowi usinO outdoted low on rogue ond'vogobond whose organisation was also part of tlre research, stressed the need to review some archaic laws which she said are not in tandem with the modern times. "The Penal Code provisions on rogue andvagabond date back to the English vagrancy laws of orevious centuries and thev are^ o,.rt of step in the moderit constitutional democracy like Malawi," said Meerkotter. Deoutv Dean of Law at Chantefl'or College Chikosa Banda said enforcement of the law is subjective. "That liw has got problems because every susPect is presumed innocent and guaranteed human rights, including the right to freedom of movement. "The fact that you have been seen somewhere loitering around does not in itself mean that you have committed an offence. It mieht lead to a suspicion that vo,i t ru" committed'an offence, but then why should one be arrested on suspicion?" asked Banda. Minister of Justice and Constitutional Affairs RalPh Kasambara welcomed the findings of the research, saying they offer an opportunity to amend the country's practices. Section 184 (C) of the Penal Code decsribes a rogue abd vagabondas everyperson found under such circumstances as B lead to the condusion that srd person is there for an illegal a iisorderly puprpose.-Me"x.+ & Centre for Human Rights ffiffi Education, Advice and ffiAssistance (Chreaa) recent study has revealed that there is massive abuse of the outdated provisions in the Penal Code on rogue and vagabond. Presenting the study findings in Lilongwe on Tuesday, Chreaa executive director Victor Mhango said the study identified gaps in the law and that the poor and marginalised groups such as prostitutes have been unfairly targeted. "The harsh effects of minor nuisance-related offences are felt most by the poor, who are unfairly targeted by these laws and who do not have easy access to legal representation and family resources once arrested," said Mhango. The research was aimed at ascertaining the extent ofpolice enforcement of the rogue arid vagabond law and it focused on the arrest practices of Blantyre and Limbe police stations and included interviews with magistrates, police officers and sex workers. Mhango said there is need to revisit the Penal Code or train the law enforcers on how to imolement it. iroject lawyer for Southern African Litigation Centre (SALC), Anneke Meerkotter, in or upon or near any premises or any road or highway or any place adjacent thereto or in any public place at such time and Mhango: Need to revisit the Penal Code MEC to engoge troditionol leoders CAROLYN KAMANGA Mer-nwt Npws Acrucv The Malawi Electoral Commission (MEC) will engage traditional leaders in some districts in preparation for the registration ofthe 2014 tripartite elections. According to a statement made available to the Malawi News Agency (Mana), MEC chief elections oflicer Willie Kalonga says the commission wants the press traditional leaders to tell their subjects the importance of the registration execrise. "The commission has targeted traditional leaders because they live with the people in the villages and they have influence," he said. Kalonga said the commission is committed to building an informedelectorate as the nation prepares for the elections. "We are taking a fresh register, which means we have to reach out to everyone urglng them to register. Registration is bedrock of credible elections and it is our expectations that everyone will show up when it starts," he said. Kalonga said people who will not register will not be able to vote in next year's elections. "This is why we are putting up all our efforts to ensure that every eligible registrant turns up for registration when it starts. As a ,commission, we have mobilised enough resources and staff to conduct a successful registration, but &i can be undermined if elieibl registrants do not tum uP,- b said. Registration will be do in 10 phases. The first Phar is covering Nsanje, Nen Chikhwawa and Mu"am followed by wards in BtantPt ciw such as Mbayani, Michiro Soirtfr Lunzu, ntantyre Gt Central and Chilomoni. Erd phase will take 14 U? including public holidaYs an weekends.-MaNe
Transcript of on rogue ond'vogobond - CHREAAchreaa.org/documents/article-on-launch.pdf · Chantefl'or College...
6 ltEwsNAT!(},ruAt
Molowi usinO outdoted low
on rogue ond'vogobondwhose organisation was alsopart of tlre research, stressedthe need to review some archaiclaws which she said are not intandem with the modern times.
"The Penal Code provisionson rogue andvagabond date backto the English vagrancy lawsof orevious centuries and thevare^ o,.rt of step in the moderitconstitutional democracy likeMalawi," said Meerkotter.
Deoutv Dean of Law atChantefl'or College ChikosaBanda said enforcement of thelaw is subjective.
"That liw has got problemsbecause every susPect ispresumed innocent andguaranteed human rights,including the right to freedomof movement.
"The fact that you have beenseen somewhere loitering arounddoes not in itself mean that youhave committed an offence. Itmieht lead to a suspicion thatvo,i t ru" committed'an offence,but then why should one bearrested on suspicion?" askedBanda.
Minister of Justice andConstitutional Affairs RalPhKasambara welcomed thefindings of the research, sayingthey offer an opportunity toamend the country's practices.
Section 184 (C) of the PenalCode decsribes a rogue abdvagabondas everyperson found
under such circumstances as Blead to the condusion that srdperson is there for an illegal aiisorderly puprpose.-Me"x.+
& Centre for Human Rightsffiffi Education, Advice andffiAssistance (Chreaa)recent study has revealed thatthere is massive abuse of theoutdated provisions in the PenalCode on rogue and vagabond.
Presenting the study findingsin Lilongwe on Tuesday,Chreaa executive directorVictor Mhango said the studyidentified gaps in the law andthat the poor and marginalisedgroups such as prostitutes havebeen unfairly targeted.
"The harsh effects of minornuisance-related offences arefelt most by the poor, who areunfairly targeted by these lawsand who do not have easy accessto legal representation andfamily resources once arrested,"said Mhango.
The research was aimed atascertaining the extent ofpoliceenforcement of the rogue aridvagabond law and it focused onthe arrest practices of Blantyreand Limbe police stationsand included interviews withmagistrates, police officers andsex workers.
Mhango said there is need torevisit the Penal Code or trainthe law enforcers on how toimolement it.
iroject lawyer for SouthernAfrican Litigation Centre(SALC), Anneke Meerkotter,
in or upon or near any premisesor any road or highway or anyplace adjacent thereto or in anypublic place at such time and
Mhango: Need to revisit the Penal Code
MEC to engoge troditionol leodersCAROLYN KAMANGAMer-nwt Npws Acrucv
The Malawi ElectoralCommission (MEC) willengage traditional leaders insome districts in preparationfor the registration ofthe 2014tripartite elections.
According to astatement made availableto the Malawi News Agency(Mana), MEC chief electionsoflicer Willie Kalonga saysthe commission wants the
press
traditional leaders to tell theirsubjects the importance of theregistration execrise.
"The commission hastargeted traditional leadersbecause they live with thepeople in the villages and theyhave influence," he said.
Kalonga said the commissionis committed to building aninformedelectorate as the nationprepares for the elections.
"We are taking a freshregister, which means we haveto reach out to everyone urglng
them to register. Registrationis bedrock of credible electionsand it is our expectations thateveryone will show up when itstarts," he said.
Kalonga said people who willnot register will not be able tovote in next year's elections.
"This is why we are puttingup all our efforts to ensurethat every eligible registrantturns up for registration whenit starts. As a ,commission,we have mobilised enoughresources and staff to conduct a
successful registration, but &ican be undermined if elieiblregistrants do not tum uP,- bsaid.
Registration will be doin 10 phases. The first Pharis covering Nsanje, NenChikhwawa and Mu"amfollowed by wards in BtantPtciw such as Mbayani, MichiroSoirtfr Lunzu, ntantyre GtCentral and Chilomoni. Erdphase will take 14 U?including public holidaYs anweekends.-MaNe
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