“Vagrancy laws are discriminatory, and are abused by the Police as they are used as a way of training new recruits. They are not in line with the Constitution” these were some of the arguments by Elton Magalasi of Centre for Human rights Research, Advocacy and Assistance (CHREAA) during a Seminar on the Review of Vagrancy laws held at the Faculty of law Boardroom at Chancellor College on Thursday. Magalasi was speaking at the Seminar when he was presenting his paper on the History and Introduction of Vagrancy laws in Malawi.
He argued that vagrancy laws are too broad and vague and gives too much discretion to the police.
“Our argument as CHREAA is that these laws must be repealed. They are vague and too broad giving room for police officers to abuse them. These laws were imported from England yet England repealed them in 2004.
They do not serve any purpose except victimising the poor” argued Magalasi. He said as CHREAA, they have been representing people arrested on vagrancy laws and what they have noted is that most of those arrested are simply poor people found walking home during late hours.
“These are simply poor people who are picked because they couldn’t afford a minibus home. Why would someone passing the police in a car not violating this law yet someone walking on foot at the same hour be violating this law? This is discrimination at its best”,argued Magalasi.
Magalasi also attacked the police who used the vagrancy laws as a way of soliciting bribes from the offenders. He alleged that his organisation has come across incidents where arrested suspects have been released after bribing the police officers in a deal known as ‘Kudzipulumutsa’.
“What is more puzzling is that even the police officers themselves do not understand this law. They arrest people and when they cannot find a reasonable charge they resort to this law to save their faces. But when you push them to prove the elements of the offence they even fail to do it” stated Magalsi. He argued that vagrancy laws have no room in this era when the Constitution allows one freedom of movement and economic activity.
Earlier, Henry Chizimba, a second year law student presented his paper titled;‘When poverty is a crime; vagrancy laws as tools for human rights abuse’. He argued that vagrancy laws are unconstitutional as they violate the right to economic activity and freedom of movement. Chizimba also alleged that this law mainly targets women such as sex commercial workers. He cited cases in USA where vagrancy laws were declared unconstitutional
However, during the lively debate two Police officers cautioned against agitating for the wholesome repeal of the laws without looking at the positive side. A fourth year law student Kayira who is a police officer argued that it is sometimes wise that the law should be used to protect people who cannot take care of themselves. “Am contributing as an individual not as a police officer but let us be serious, there are instances where you have to use the law to protect foolish people from their foolishness.
Vagrancy laws are used to protect people who are in such instances,” argued Kayira; sending the participants into laughter. Kayira wondered why the police are always blamed when it comes to vagrancy laws yet when they take these suspects to court the courts always find them guilt.
Another police prosecutor, Gomezgani Mchawi also cautioned against wholesome repealing of the law without looking at its positive side. He argued that they have been cases where through these so called sweeping exercises police have managed to arrest hard-core criminals.
Vagrancy laws are found in the Penal code Section 184. The laws allow the Police to arrest anyone found gathering alms, any person who cannot give account of himself and has no visible means of subsistence living, is found upon or near the highway suspected to commit a crime.
The law was simply imported from England into Malawi. In England it was mainly used to encourage people to find jobs in factories than staying idle. It was however repealed in 2004. Malawi still clings to the law even though some of the subsections of the law violate the principles of the Constitution; like freedom of movement, the right to earn a living. Magalasi seated; second from the right with some participants at the Seminar.