Tag Archives: Mzuzu High Court

Law and order, Malawi

Malawian man sentenced to 58 years jail term for defiling three minors

Maravi Post Reporter
Malawi court fires warning shot to rapists as judge sentences man to 53 jail term

As sexual abuse cases continue to rise in Malawi, Mzuzu high court has sent a strong warning to would be perpetrators by handing a 58 years jail term sentence to Thomas Chavula, 41, for defiling three young girls between 2016 and 2019.

Judge Thomson Ligowe, in his November 6 determination, said the sentences will run concurrently, meaning that Chavula will be behind bars for 24 years, a record sentence on defilement.

The full charges were three counts of sexual assault of a 11-year-old stepdaughter between 2016 and 2019; defilement of a three-year-old girl in March 2019, who was a daughter to his neighbour, while the third count, Chavula defiled a nine-year-old girl, his tenant’s daughter, in August 2019.

“Regarding the first count, Thomas Chavula defiled the girl repeatedly over a period of three years from the age of nine to 11.

“At the age of 41, he was old enough to appreciate the consequences of his acts. Considering that he defiled three girls in his vicinity, it seems some kind of habit had developed in him,” Ligowe said in his ruling.

He said the convict was “dangerous to society.”  “He [Chavula] should be kept away for a long time. I order imprisonment for 24 years with hard labour.”

For defilement of a three-year-old girl, Ligowe slapped Chavula with 18 years imprisonment with hard labour while the defilement of his tenant’s nine-year-old daughter, he was handed a 16-year-jail sentence.

Ligowe said for the sentences to run consecutively, he would spend 58 years in jail.

Women Legal Resource Centre executive director Maggie Kathewera Banda welcomed the sentence, saying the judge has set a “precedence and must be commended.”

 Elsewhere, Chitipa magistrate’s court has sentenced a 35-year-old man to 14 years imprisonment for defiling a 14-year-old girl.

A state prosecutor only identified as Kanyumbu, told the court that the convict has an affair with the girl in 2018.

He said the accused impregnated the girl in 2019, forcing her to drop out of school while in standard 8.

The accused denied the charges, but the state paraded three witnesses to prove the case.

In a related development, the court also sentenced a 19-year-old man to seven years imprisonment for defiling a 15-year-old girl in the district.

Several rights groups have taken to the streets to protest against the rising cases of sexual violence against women and girls.

The groups have handed over petitions to Government demanding stiff punishments for offenders.

President Dr Lazarus Chakwera has ordered Homeland Security Ministry to set up a taskforce that would deal with issues of defilement and rape.

Chakwera strongly condemned sexual violence against females, saying: “It is disturbing to note that across the country children are being defiled and numbers keep escalating,” he said.

Source: The Nation Newspaper

Lifestyle

Malawi High court throws out hopeless arguments by AG Kaphale to vacate Chaponda injunction

Maravi Post correspondent

Kaphale: Losses Injunction vacation court battle

Mzuzu (Maravi Post)—The much revered Attorney General has suffered a humiliating loss in the hands of seemingly junior lawyers representing Civil Society Organizations (CSOs). Continue reading Malawi High court throws out hopeless arguments by AG Kaphale to vacate Chaponda injunction →

Malawi

George Chaponda remains suspended: Zambia maizegate scandal

Maravi Post correspondent

BLANTYRE-(MaraviPost)—Minister of Agriculture, Irrigation and Water Development George Chaponda remains suspended, according to the Mzuzu High Court judge John Chirwa.

Few days ago, Civil Society Organisations (CSOs) led by youthful activist Charles Kajoloweka obtained an injunction restraining Chaponda from discharging ministerial duties paving for  investigations on the Zambia maizegate scandal in which the minister is allegedly to be the ring leader.

However, Attorney General Kalekeni Kaphale challenged the court’s decision, arguing the powers to hire and fire ministers are vested in the state president according to the constitution of Malawi.

But in an inter-party hearing on Tuesday, where Kaphale asked Justice Chirwa to lift the injunction, the judge said he will make his determination on January 31 and that the injunction obtained by CSOs remains in force, meaning Chaponda is still suspended.

George Chaponda: Mzuzu court says his suspension remains in force until 31 January 2017

His judgement will come on the days results of the Commission of Inquiry into the maizegate will be released.

The maizegate scandal is a suspected corruption elecment  where Agricultural Development and Marketing Cooperation (ADMARC) reportedly bought maize at K26 billion from the Zambian company and it is believed that Malawi could have saved about K9.5 billion if it had bought the grain directly from the Zambian government.

Their action by CSOs follows Mutharika’s appointment of a commission of inquiry into the allegations of corruption and malpractices into the Zambian maize procurement saga.

Activist Charles Kajoloweka and the others argue that failure by Mutharika to fire Chaponda will compromise the outcome of the Commission of Inquiry on maizegate as a line Cabinet minister, he may interfere with the investigations.

Justice Chirwa granted the injunction last Thursday, effectively suspending Chaponda from cabinet and allowing a judicial review as the CSOs argue that Mutharika erred in his choice of commission of inquiry.

Chaponda faces contempt of court charges and possible arrest if he does not duly comply with the High Court order.

Malawi

Malawi High Court in Mzuzu unleashes life in imprisonment sentence: Albino killings crackdown

Maravi Post correspondent

Madise posing with Lawyers in the Northern region ( Library photo)

MZUZU (MaraviPost)—It does not get sweeter than this in the fight against Albino killings as Malawi High court in Mzuzu gave a judicial punch of life imprisonment sentence to one Samson Banda who was found guilty of attempting to kill a person with Albinism. It is said in Law that a maximum sentence is reserved for the worst offender who is normally not yet born but presiding judge Dingiswayo Madise was all smiles on Wednesday when he stated that he had found the worst offender in Samson Banda.

The material facts of the case are that Samson Kaumba and Fiskani Mtambo were accused of coaxing an Albino boy, Morton Juma, 11, into a bush where they hacked him on the neck and left biceps in a shocking episode of the infamous Albino killings in September last year.

The state, as is the standard in criminal offences, proved beyond reasonable doubt that Kaumba committed the offence prompting Judge Madise to deliver the landmark judgment that Kaumba should spend the rest of his life in prison with no opportunity for pardon.

His co-accused Fiskani Mtambo should thank heavens for being off the hook as the judge said that the state had failed to prove beyond reasonable doubt the culpability of the second accused.

Senior chief state advocate Dzikondianthu Malunda embraced the sentence meted out on Kaumba as a cause for celebration as the country grapples to clampdown on the killings.

“Justice has won,” Malunda told reporters outside the court.

In his reasoning, the state lawyer said attempted murder is no different from cold-blood murder as both are fuelled with the intention to kill and the victim did not survive by the mercy of his assailants but by chance and divine intervention.

In mitigation, defence lawyer Chimwemwe Chithope described the convict as a first offender, youthful, sickly and deserving of mercy, saying the offence was “a mere attempt”.

He asked the court to treat the attempted murder of persons with albinism like any other based on the principal of equality before the law.

The judge overruled the calls for a lesser sentence but rhetorically nodded to the legal myth that maximum sentences are reserved for worst offenders.

“Today I have that worst offender before me,” said the judge as he admonished the convict and his unknown accomplices for setting out to kill Morton like a chicken or goat.

Meanwhile, Mzuzu academy has offered the young Morton a scholarship.  The young boy dropped out of school for fear of being hacked by these vampires.

Lifestyle, Top News

Kyungu asked Malawi police Services to engage albinos into the system

MaraviPost

Paramount Chief Kyungu of Karonga has asked the

hief Kyungu (
Chief Kyungu (Centre): His aids were manhandled left right and centre

Services (MPS) to immediately start recruiting people with albinism into its system in order to deal with albino killers and abductors.

This follows the alarming number of albino killings and abductors. Continue reading Kyungu asked Malawi police Services to engage albinos into the system →

Malawi

Malawi High Court orders Traditional Healers to stop operating: Stopping ritualistic Albino Killings  

Maravi Post correspondent 1 Comment

Malawi CSos protesting albino killingsMZUZU (Maravi Post)—Fearing the extinction of people with Albinism, three residents of Mzuzu City have moved the High Court to grant them an order to stop all Traditional Healers in the country from operating arguing that these people are the ones fueling the killings of people with Albinism.

After hearing their cogent argument through their Lawyer George Jivason Kadzipatike, Mzuzu High Court Judge Dingiswayo Madise did not hesitate but to grant them the order on Wednesday. The order also extends to stop the media in the country from carrying advertisements on traditional doctors.

People with Albinism in Malawi are being butchered almost day in day out with the Peter Mutharika administration treating the situation with kid gloves. The best the security establishment—the Police is doing—is to issue statements and participate in protest marches. President Mutharika is also just making empty speeches on radios and TV’s without concrete actions on the ground. The People with Albinism in Malawi are living in real fear as the state which they believe would protect them from their hunters has no clue on how to help them.