Blantyre-based man Mayeso Gwanda has successfully moved the Chief Justice Andrew Nyirenda to constitute a panel of three Judges to determine the constitutionality of the rogues and vagabonds law in an attempt to have it abolished.
Section 184(c) of the Penal Code describes a rogue and vagabond as every person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose.
In the case, which is set to start for hearing on September 1 this year, Gwanda argues that the law is outdated, frequently targets the poor and are out of step with a modern democracy with a constitution that protects basic human rights.
The Penal Code provisions on rogues and vagabonds date back to the English vagrancy laws of previous centuries.
The court has also accepted the Legal Aid Bureau to be a friend of the court in the case while Centre for Human Rights Education, Advice and Assistance (Chreaa) has been told to make a formal application before July 20 in their quest to be part of the case.
The offices of the Attorney General and Director of Public Prosecutions are representing the State in the case which has Michael Mtambo, Zione Ntaba and Sylvester Kalembera as presiding Judges.
Gwanda’s legal counsel Mandala Mambulasa described the rogues and vagabonds law as a bad law that needs to be pushed out of the Penal Code as it has no room in democracy.
“We are saying this law is not a good law because people walk for different reasons. So, we are challenging its constitutionality to say this law is not good in a democracy. Why should people who are walking at night be arrested and yet people who are driving at night are never arrested? It is targeted at the poor and we are challenging its constitutionality by saying this law is not in line with the constitution. It violates several other rights under the constitution,” Mambulasa said.
The report titled ‘No Justice for the Poor: A Preliminary Study of the Law and Practice Relating to Arrests for Nuisance-Related Offences in Blantyre, Malawi ‘recommends the repeal of outdated and vague offences, and an end to the use of imprisonment or detention as a punishment for non-serious nuisance-related offences.
Proponents of the end to vagrancy laws want sections 180, 184 and 185 to be repealed in their entirety as the various provisions have been shown to be vague, overly broad, arbitrary and contrary to criminal law principles.
Leave a Reply