Forestry legislation under spotlight
The laws guiding protection of forests and wildlife has come under the spotlight as activists feel that some offenders are being punished harshly for minor offences.
This follows the sentencing of 11 women in Salima to 15 months imprisonment each for entering the protected Kuti Wildlife Reserve and collecting firewood.
Social commentator Onjezani Kenani said in a Facebook post on Tuesday that some lawyers had offered to help the women to correct what he described as “miscarriage of justice”.
In an interview yesterday, Centre for Human Rights and Rehabilitation executive director Michael Kaiyatsa said the sentencing of the women raises concerns.
He said: “While the law aims to protect natural resources, such strict punishments might seem disproportionate for individuals who may have been driven by economic necessity rather than malicious intent.”
Kaiyatsa urged relevant authorities to apply laws consistently and proportionately to ensure that justice is served without unnecessary harshness.
However, director of the Department of National Parks and Wildlife Brighton Kumchedwa told The Nation yesterday that he sees nothing wrong with the sentence because wildlife related crimes were upgraded to serious crimes in 2017.
“And in conservation we are encouraged to leave everything to nature because when firewood decomposes in the wildlife reserve, it promotes ecological balance,” he said.
Malawi has the National Parks and Wildlife Act (2017) and the Forestry Act (2020) which prohibit entering protected areas and collecting forest produce such as firewood.
Section 64 of the Forestry Act makes it an offence to collect any tree and other vegetation or forest property in a forest reserve or protected forest area and provides maximum punishment of a fine of K5 million and 10 years imprisonment for the offence.
Parliamentary Committee on Natural Resources and Climate Change chairperson Werani Chilenga said he does not see any need to revise the legislation.
“We want the law to be implemented to its fullest because as a country we are losing the battle against deforestation,” he said.
Meanwhile, Legal Aid Bureau spokesperson John Namalenga has said the bureau is ready to represent the 11 women if they or their relatives reach out for assistance.
The 11 women were arrested on June 24 2024 and they were convicted on Friday last week.
Salima first grade magistrate Anthony Banda said the 15-month sentence would educate and deter other would-be offenders.
