The High Court of Malawi, sitting as a Constitutional Court, yesterday dismissed an application by 13 people with disabilities who wanted the court to decriminalise begging.
The applicants had asked the court to declare Section 180(b) of the Penal Code unconstitutional for criminalising begging.
They argued that the law is discriminatory and violates fundamental constitutional rights such as the right to personal liberty, freedom and participation in economic activities.
However, in its judgment, a panel of three judges—John Mashikizo Chirwa, Anneline Kanthambi and Chimwemwe Kamowa—ruled that the law does not violate the stated rights.
“It is the finding of the court that there is no merit in the claimants’ application challenging the constitutionality of Section 180(b) of the Penal Code,” said Justice Chirwa as he delivered the unanimous judgment.
One of the applicants’ lawyers, Chikondi Chijozi Jere, said her clients were disappointed with the court’s decision.
She added that they would study the full judgment before deciding on the next step.
“If, after reviewing the full judgment, our clients feel there are issues to raise before the Supreme Court, we will approach it,” she said in an interview.
Senior State Advocate Ndoli Chume said the State was satisfied with the ruling, maintaining that the Section in question is constitutional and that public begging is not an economic activity.
The applicants were originally convicted in 2017 and were given a a week’s suspended sentence.
Following their conviction, they applied for judicial review at the High Court, where the matter was referred to the Chief Justice for certification as a constitutional case.
The Chief Justice certified the matter as a constitutional case on February 17 2025.
Hearings of the case began in December last year. The applicants’ case was supported by the Southern Africa Litigation Centre and the Centre for Human Rights Education, Advice and Assistance.
Section 180(b) of the Penal Code criminalises “any person wandering or placing themselves in a public place to beg or gather alms, or causing, procuring, or encouraging any child to do so”.
It states that such persons shall be deemed idle and disorderly, and liable, for a first offence, to a fine of K1 000 or imprisonment for three months, and for a subsequent offence, to a fine of K3 000 or imprisonment for six months.
