Peter Dimba, chairman of Parliament’s Legal Affairs Committee, has called for a complete overhaul of the Penal Code, citing inconsistencies with the Constitution.
In an interview on Friday, Dimba emphasized that piecemeal amendments to the Penal Code are time-consuming and inefficient.
“A piecemeal approach to amending the Penal Code is unnecessary. We need a holistic approach because many sections are inconsistent with our newfound freedoms since the advent of multi-party democracy,” he said.
He highlighted that many offenses in the Penal Code date back to colonial rule and were designed to oppress the local populace. “We need a holistic approach to amending the Penal Code,” he reiterated.
Dimba stressed the need to repeal all sections not consistent with the Constitution to ensure the Penal Code reflects democratic values.
He made these remarks at a committee meeting with the Ministry of Justice and the Director of Public Prosecutions (DPP) at Sunbird Capital in Lilongwe. The meeting focused on amending the rogue and vagabond laws, as mandated by a High Court order from Zomba.
On January 10, 2017, in the case of Gwanda v State, a three-member bench of the Malawi High Court declared section 184(1)(c) of the Penal Code unconstitutional and invalid. This section deemed any person found in suspicious circumstances as a rogue and vagabond.
The law, originating from the English Vagrancy Act of 1824, is present in many former British colonies, including Mauritius, Nigeria, Gambia, Zambia, Uganda, Botswana, Seychelles, and Tanzania.
Dimba noted that the Constitutional Court in 2017 declared Section 184 of the Penal Code inconsistent with the Constitution and ordered the government to review all vagrancy laws.
“We were given a two-year ultimatum, meaning by July 22 this year, if Parliament does not comply with the order to amend sections 180 and 184 of the Penal Code, we will be in contempt of court,” he warned.
He stressed that both Parliament and the Ministry of Justice must lead by example.
The committee has since directed the Ministry of Justice to inform the High Court that they acknowledge the order and will begin the amendment process.
“We’ve also highlighted that police prosecutors should no longer arrest individuals based on these vagrancy laws. Subordinate courts must recognize that these laws have been set aside and dismiss related cases,” Dimba explained.
Chikondi Chijozi of the Southern Africa Litigation Centre applauded the committee’s decision to initiate amendments.
“This is a good development, and we are happy there is finally movement on the court order. We hope that key players are mindful of the timeframe given by the court and that in the next parliamentary sitting, a bill will be tabled to review section 184 of the Penal Code,” she said.
