Court declares police sweeping exercises unconstitutional

High Court Judge Zione Ntaba, sitting in Zomba on Friday, ruled that police sweeping exercises are unconstitutional as they violate people’s basic human rights.

She made the ruling virtually in a packed court in determining the offence of Henry Banda, Ishmael Mwale and Sikweya Supiyini arrested in Kasungu on March 27 2018 at around 11pm when they were DJ’ing, selling ‘kanyenya’ and drinking beer respectively.

In the ruling, Ntaba stated that upon the three’s arrest, they were taken into police custody without being told offences they had

committed. The following day they were taken to court where they were charged with rogue and vagabond contrary to Section 184 (1) (b) of the Penal Code and fined K3 000 each or, in default, spend three months in jail.

The judge, however, stated that the three went to court to challenge the law enforcers’ sweeping exercise, saying they were arrested for committing no crime.

The three appealed that the police should revisit the exercise as it is conducted in a manner that has no parameters to ensure the protection of human rights.

“The convicts also prayed for compensation of their human rights as they were infringed when they were arrested without being told the reasons of their arrests as well as the police forced them to plead guilty to the offence,” stated Ntaba in the ruling.

She then ordered that the applicants be refunded their K3 000 fines as well as be compensated for the violation of their rights.

“Furthermore, the court gives the Malawi Parliament 24 months to quickly review the whole Section 184 of the Penal Code, because the same order was made in 2017 before this incident occurred, but nothing materialised and the court is not really happy that the review was not made,” the judge said.

Southern Africa Litigation Centre criminal justice lead Chikondi Chijozi, who was representing the three, expressed satisfaction with the ruling.

“We are satisfied because all the prayers that the three made to the court have been met,” she said.

Speaking on behalf of his friends, Supiyini also said he was satisfied with the ruling, as they were arrested without breaking any law of the country.

“We were brutally treated on the day of arrest and in cell, but we are happy because justice has prevailed,” he said.

On his part, Centre for Human Rights, Education, Advice and Assistance executive director Victor Mhango termed the ruling as crucial in human rights preservation in the country.

“Justice belongs to everybody,” he said.