Parliament urged to revamp outdated Penal Code
Peter Dimba, chairman of the Legal Affairs Committee in Parliament, has called for a thorough revision of the Penal Code, citing its numerous inconsistencies with the current Constitution.
Speaking in an interview on Friday, Dimba criticized the inefficacy of making incremental amendments to the Penal Code.
“Amending the Penal Code in bits and pieces is both time-consuming and unnecessary. We need a comprehensive overhaul because many sections do not align with the freedoms introduced by our multi-party democracy,” he explained.
Dimba highlighted that several offenses in the Penal Code date back to colonial rule and were intended to restrict the local population. “Laws such as the vagrancy statutes were designed to suppress the rights of local natives. A holistic review is essential,” he insisted.
Dimba emphasized the need to repeal all sections that are incompatible with the Constitution to ensure the Penal Code reflects the values of a democratic society.
These remarks were made during a committee meeting at Sunbird Capital in Lilongwe, which included officials from the Ministry of Justice and the Director of Public Prosecutions (DPP). The primary focus of the meeting was to discuss the amendment of the rogue and vagabond laws in response to a directive from the High Court in Zomba.
On January 10, 2017, in the pivotal case of Gwanda v State, a three-judge panel of the Malawi High Court declared section 184(1)(c) of the Penal Code unconstitutional and invalid.
This section classified individuals found in suspicious circumstances as rogues and vagabonds, a provision tracing back to the English Vagrancy Act of 1824. Similar laws exist in the penal codes of many former British colonies, including Mauritius, Nigeria, Gambia, Zambia, Uganda, Botswana, Seychelles, and Tanzania.
Dimba pointed out that the Constitutional Court’s 2017 decision mandated a comprehensive review of all vagrancy laws to ensure their alignment with the Constitution.
“We were given a two-year deadline, meaning that by July 22 this year, if Parliament fails to amend sections 180 and 184 of the Penal Code, we will be in contempt of court,” he warned.
Dimba stressed the importance of both Parliament and the Ministry of Justice demonstrating leadership in complying with constitutional directives.
The committee has directed the Ministry of Justice to formally acknowledge the High Court’s order and to begin the legislative amendment process.
“We have also stressed that police prosecutors should refrain from making arrests under these outdated vagrancy laws. Furthermore, subordinate courts must recognize the invalidation of these laws and dismiss any related cases,” Dimba added.
Chikondi Chijozi of the Southern Africa Litigation Centre commended the committee’s initiative to amend the rogue and vagabond laws. “This is a positive development, and we are pleased to see action being taken on the court order. We hope all stakeholders adhere to the court’s timeline, and that a bill to review section 184 of the Penal Code will be presented in the next parliamentary session,” she remarked.
Follow and Subscribe Nyasa TV :
