The magistrate’s court in Mzuzu has given eight Tanzanian trespassers—who were arrested in December last year—a six month-suspended sentence.
The foreigners were last week convicted of criminal trespassing and carrying out a reconnaissance operation without a permit at Kayerekera Uranium Mine in Karonga, which are contrary to Section 314 (1) of the Penal Code and Section 2(4) of Mines and Minerals Act, respectively.
In his determination, Chief Resident Magistrate for the North Texious Masoamphambe sentenced them to a month’s imprisonment for the former charge and three for the latter.
He said he was mindful of the fact that the accused persons were remorseful after their arrest and it was the first time for them to be in conflict with the law in Malawi.
Masoamphambe further reminded the court that the two cases the Tanzanians were answering to are misdemeanours.
“Following provisions in the criminal and evidence code on first offenders, I, therefore, suspend both sentences for six months, during which period the convicts are not expected to commit similar or any offence,” he said.
The magistrate then ordered the Ministry of Home Affairs and Internal Security to immediately repatriate the convicts since their legal period to be in the country has officially expired.
Defence attorney Nicely Msowoya expressed satisfaction with the sentence, saying it was in line with the plea they had made to the court.
“We are excited, this means these people are free like any of us and we have asked that they should no longer be kept at the prison but be under police guard,” Msowoya said.
Lead prosecutor Happy Mkandawire declined to grant an interview.
In Malawi, criminal trespassing attracts a penalty of three months jail term while carrying out a reconnaissance without a licence is punishable by a two-year jail term.
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