Tag Archives: Women lawyers

Development

Malawi Police, Women Lawyers, MHRC sign MoU for fresh investigations into alleged rape of 18 women Msundwe

MaraviPost
Osman
MHRC Executive Secretary Habiba Osman

Malawi Human Rights Commission, Malawi Police and Women Lawyers Association (WLA) have signed a memorandum of understanding (MoU) that will facilitate fresh investigations into alleged rape and defilement of 18 women from Msundwe, Mpingu and M’bwatalika in Lilongwe in 2019.

It is believed that the victims were raped by Police officers who had gone to the areas to quell violent protests

Investigations by MHRC and Ombudsman indicate the law enforcers raped the women as they fled violent scenes.

Former Ombudsman Martha Chizuma (ACB Director) established that there were almost 100 police officers, who deployed in three teams stationed at M’bwatalika, Msundwe and Mpingu trading centres with others roving in communities where they allegedly tear-gassed people to displace them and some seized the opportunity to sexually assault the women.

“In the course of their operations of clearing the road, controlling the crowds, and making arrests, some police officers ventured into the villages and nearby locations throwing tear gas into houses, beating [people] and breaking into houses.
“As a result, most people, especially men and the youth, fled their village to their gardens, leaving the villages deserted. Some of the women who were left in the villages as others fled or arrived in the village while others fled met police officers who violently beat them, raped and indecently assaulted them,” said Chizuma.
MHRC also conducted the investigations to identify human rights violations and to facilitate access to justice and legal remedies of the survivors of the human rights violations.
WLA moved in by suing Malawi government seeking redress and accountability for the alleged violation of the rights of the women and girls who were apparently subjected to violence, rape, and sexual assault in the said areas.

The police too instituted their own enquiry whose results have never been known to the public.

But in an effort to identify the culprits and secure their prosecution, MHRC, Malawi Police and WLA on Tuesday, 27th July 2021 presented Terms of References (TORs) a fresh criminal investigation in the matter.

A representative of Women Lawyers Association, Hilda Soko said while the survivors were compensated, the criminal aspects of the case can only be investigated, validated, and prosecuted by Malawi Police.

“As key stakeholders, MHRC and WLA will ensure that MPS gets all the relevant and necessary support for a credible fresh investigation.

“The compensation the 18 women received was as a result of the Malawi Police’s failure to identify the culprits, but now we want the culprits to face the law and pledge support throughout the investigation, while ensuring that women’s rights are not violated,” Solo during the signing ceremony.

In his remarks, Inspector General of Police, George Kainja said he will not shield any officers who violated the rights of women and girls at the material time.

He stated the mandate to conduct criminal investigation lies with the country’s security agency regardless of who is involved.

Kainja, therefore, said the presence of the three institutions will ensure credible investigations that will adhere to human rights standards.

Development

Women lawyers unhappy with Malawi police delays on Msundwe investigations

Richard Kayenda
Msundwe residents at the court

LILONGWE-(MaraviPost)-Women Lawyers Association (WLA) has bemoaned the delays by the Malawi Police Service to finalise the investigation into the purported sexual harassment of women and girls at Msundwe, Mbwatalika and Mpingu in Lilongwe last year.

According to the Spokesperson for the WLA, Mphatso Iphani the association has called upon the Police to fasten up the process and bring the perpetrators to book.

“We as Women Lawyers Association would be very happy to see the Police instituting a sensitive investigation that would subsequently lead to a prosecution charge file being opened in the court of law; unlike what the Police are doing at the present,” said Iphani.

However National Police Spokesperson James Kadadzera said the Police are doing all they can to finalise their investigation and bring justice to light.

“We communicated to Malawians that full criminal investigation as far as Msundwe matter is concerned, commenced and investigations are under way. When we are done we will report to Malawians,” Kadadzera said.

Apparently, a lot of human rights activists such as Human Rights Defenders Coalition (HRDC), Women Legal Resource Centre and the Malawi Parliament have asked the Police to investigate and prosecute the officers who were involved in the Msundwe saga.

In November last year a report by the Ombudsperson, Martha Chizuma, who is also a commissioner for Malawi Human Rights Commission, revealed that about 17 women and girls from Msundwe, Mbwatalika and Mpingu were sexually molested by the Police.

Law and order

Malawi Presidential election case: Women lawyers say President must not be sworn in before electoral disputes are resolved

Lloyd M’bwana
Mutharika sworn in amid electoral disputes

LILONGWE-(MaraviPost)-The Women Lawyers Association (WLA) on Thursday morning finished its submission this morning.

The group, the friends of the court has also asked the court that when making its ruling, it should make a few recommendations on law reforms in its final judgement.

Among the recommendations, the WLA says it wants a change in the electoral law to the effect that presidential election disputes, should be resolved before the President – elect is sworn in.

Additionally, on burden of proof, WLA says there should be ammendments in the existing law to make it clear that the burden of proof should be both to petitioners and MEC.

Justice Kapindu is engaging WLA representative, Bernadette Malunga, on the proposals they want the court to include in its judgement.

Kapindu had inquired whether it would be correct for the court to make such proposals in light of separation of powers provisions under the constitution.

The constitutional court continues hearing oral submissions from both parties; UTM, Malawi Congress Party (MCP), President Peter Mutharika and Malawi Electoral Commission (MEC).