Taking justice closer to people

The fight against gender- based violence (GBV)seems to be far from over despite various interventions from civil society organisations (CSOs), non-governmental organisations (NGOs) and government. Court records at Karonga Magistrate’s Court show that from January to December 2021, there were 35 cases of divorce while from January to July this year, 93 cases were recorded.

Data further indicate that in 2021, about 256 cases of child justice were recorded. These escalating GBV cases compelled the Evangelical Association of Malawi (EAM) to take justice closer to people in three traditional authorities (T/As) of Mwakaboko, Kilupula and Kyungu to reduce long distances people travel to Karonga Magistrate’s Court.

The four catchment areas of Ngana, Ngisi, Chikutu and Mwenilondo registered 25 cases where parents were struggling to raise children whose fathers left them.

 Karonga Magistrate’s Court ordered 20 men to pay monthly maintenance fee of K40 000 each for the children’s upkeep.

However, eight months down the line, most of them have failed to pay, resulting in forced reunions.

This prompted the Norwegian Church Aid and DanChurch Aid through EAM to partner Karonga Child Justice Court to stage follow up mobile court sessions to establish root for the huge noncompliance of the court orders.

Through these circuit court sessions, stakeholders learnt that the hard economic status made men fail to honour court orders and they decided to reconcile with their children.

“These mobile court sessions act as civic education to the public whereby community members learn a lot in terms of law and justice. On top of that, people are able to access justice which has been placed right at their door steps,” said first grade magistrate Julius Kalambo.

The excitement of bringing justice closer to people did not spare traditional leaders in the three T/As’ hard to reach areas as expressed by group village head (GVH)Mwandambo from Senior Chief Mwakaboko.

According to the GVH, wheels of justice have done good to his subjects who stay 61 kilometres away from Karonga Magistrate’s Court as the bumpy Songwe Border-Ngisi-Ngana Road is a stumbling block.

“The long distance from here to Karonga Magistrate’s Court is deterrent enough to access justice. Therefore, these mobile court sessions provide an opportunity to those who fail to lodge complaints thereby fuelling GBV cases,” he said.

Mwandambo further said the by-laws he set where GBV perpetrators are fined K100 000 coupled by court circuits have decreased the malpractice in the area fuelled by cultural practices.

According to Ngana and Ngisi mother group chairperson Ireen Mbotwa, GBV cases have reduced due to intensive awareness and mobile court initiatives as perpetrators no longer evade justice.

The situation is the same at Chikutu and Chisi in Senior Chief Kilupula where people walk about 26 kilometres to Ngerenge Magistrate’s Court to access justice.

Village head Adam 2 was all smiles, hailing both EAM and Karonga Magistrate’s Court for bringing the wheels of justice closer to people.

“The initiative cannot go without mention. Apart from easing the long distance people endure to access justice, the court circuits also serve as a platform for civic education and a stern warning to would be perpetrators in the community,” he said.

Another court circuit session convened at Chikutu established that many GBV perpetrators ordered to pay monthly child maintenance fees, failed to comply due to rising cost of living.

This prompted the Child Justice Court to make a fresh order to Kenwell Sinkhutwa whose monthly K100 000 child maintenance fee had accumulated to K700 000 from January to July this year.

The court heard from the complainant, Trywell Muwira, that since the order was made last December, the respondent has not paid anything for the two children he deserted.

However, the respondent said he had entered into an agreement with his father- in-law to till his garden instead, a suggestion Kalambo described as illegal.

“A court order supercedes ordinary agreements made outside the court. Therefore, that order is not recognised by this court. If anything, that agreement was supposed to be made official through the court. I, therefore, make a fresh K100 000 monthly payment effective August end,” he ordered.

However, Sinkhutwa said he will at an appropriate time file for custody of the two children as the amount is too much for him.

At Mwenilondo, the situation was the same. Out of the four cases heard, three men had also defaulted on child maintenance fees.

While there was high rate of child maintenance fee defaulters at Ngana, Ngisi, Chikutu, Chisi and Mwenilondo, stakeholders were impressed with the mobile courts sessions as they provide rare platforms for civic education on how the law works and effects of GBV such as sexual harassment, rape, child labour and trafficking in persons, early marriages and child abandonment.

Karonga district assistant welfare officer Katoto Kamwera said help to tame  irresponsible fathers, but also help women who, for long, have suffered to raise children.

“The huge turn up of people in these mobile court sessions has given us hope that the proceedings have taught both GBV perpetrators and would be offenders lessons on how bad the vice is in the district is,” he said.

Karonga District EAM project coordinator Dumisani Nungu said the initiative will not only deal with GBV cases, but also expects community leaders to take a leading role by formulating by-laws to punish perpetrators.

Minister of Gender, Social Welfare and Community Development Patricia Kaliati recently warned GBV perpetrators that the long arm of the law will deal with everyone found fuelling it.

However, on ending child marriages, Kaliati says the ministry plans to minimise such GBV cases by 20 percent in 2022.