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| Malawians took to the streets demanding death Penalty |
Anatomy Act Amendment bill seeking Life Imprisonment has been passed by the National Assembly almost 5 hours after Mulanje South legislator, Bon Kalindo led hundreds to present petition to the National Assembly demanding activation of Death Penalty to convicts on offences related to albino killings.
There was cheers and clapping of hands in the House, showing excitement that finally Malawi will stop ritual killings of persons with albinism through life sentences.
Dowa East legislator, Richard Chimwendo Banda presented the Bill under Private Members Bill to amend Anatomy Act (Cap 34:03) so as to make the commission of offences therein punitive and deterrent.
The amendment of section 16 and 18 of the Act has been done in order to broaden the offenses of removal and unauthorized possession of human tissue and enhance the penalties for the offenses under the Act.
“This is done in order to deter the commission of such offenses.” Chimwendo informed the House
With the amendments, the bill section 16 now provides for an enhanced penalty for the sale of body tissue while section 18 includes an offence of possession of a body of a deceased person or human tissue and the penalty for the prescribed offences has been increased to life without the option of the fine.
One found guilty of an offence was liable to pay a fine of Fifteen Thousand Kwacha and to imprisonment for a period of ten years under Section 16, but now, one who commits an offence shall on conviction be liable to life imprisonment.
In Section 18 among other amendments, a person commits an offence if “has in his possession a deceased body or any other human tissue without a valid explanation for such possession.” The section now indicates that one who commits an offence shall on conviction be liable to life imprisonment unlike old bill where one found guilty of the offence was liable to a fine of Five Thousand Kwacha and to imprisonment for a period of three years.
Also a new subsection has been inserted in Section 18 for the purpose of possession. It says possession “includes not only having in one’s own personal possession but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place, whether belonging to, or occupied by oneself or not, for the use or benefit of oneself or of any other person;”
The new section continues “and if there are two or more persons and anyone or more of them with the knowledge and consent of the rest has or have anything in his or their custody of possession it shall be deemed and taken to be in the custody and possession of each and all of them”
Members Excited With the Anatomy Amendment Act
A lot of members from both sides of the House supported the amendment wholeheartedly.
Mulanje South Legislator, Bon Kalindo who led multitudes in the morning of the day to present death penalty petition to the House, called on members addressing them as “brothers and sisters” that this was much awaited time to act.
“We need to do something. It is time to act because this bill is aimed at bringing sanity, is aimed at dealing with those in possession of tissues other than on medical reason.” urged the ruling party legislator, Kalindo who further requested members in the House not to be partisan but unite to pass the bill for the benefit of all Malawians
Also from Government side of the House, Machinga East, Hon Esther Jolobala took the floor. She noted that the country’ response to the abductions and killings of persons with albinism “does not inspire confidence that the battle is being won” and therefore the House need to immediately review Anatomy Act which is being used in most court cases
“Mr. Speaker Sir, how many more people must die for Government of Malawi to take concrete action, to stop these attacks, enough with talks now is time for action. This is emergency, a crisis disturbing in its proportion.” She said
“Mr. Speaker Sir, the early return of suspects to the communities whether due to the use of bail, fines, or low judicial sentences increases the fear in which the persons with albinism live, hence the need for this amendment.” Said Hon Jolobala who further called on people to respect and protect the life of persons with albinism as well as address the root cause of discrimination, abuse and violence against persons with albinism
However, Minister of Justice and Constitution Affairs, Samuel Tembenu while supporting the bill, observed that this bill was weak, for it only intends to address the issue of lesser sentences and not all kinds of offences being committed by the perpetrators.
The Justice Minister then informed the House that Government has finalized working on its comprehensive bill which intends to amend the penal code.
According to Tembenu, the Government bill has fully addressed all issues of sentences and all types of offences being committed by people attacking, killing and exhuming remains of albinos and it includes number of aggravating factors like issues of parents and relations who are conniving with criminals in these offences.
While commending the Dowa East, Richard Chimwendo Banda for bringing his bill, however, Tembenu invited the member to join and work with Government on the bill and assured the House that “our bill is almost ready”
“Mr. Speaker Sir, I have confidence that members from this August House are fully aware of full process of law making; whether we pass the bill today it will have to be ascended to, it will still have to go through the process.” Tembenu warned as members from opposition side had began to murmur after hearing this call from the Minister
He continued “Besides, the proper place where we have put the offences is in the penal code. We can amend the Anatomy Act as it is proposed here, but the only thing that will achieve is the sole enhancement of the sentence and not the creation of particular specific offences that will cover the instances that we have seen being perpetrated by the people.”
The Minister went further to insist pleading with the House that there is still room to work together on the penal code amendment adding that even some of the sentences being proposed in the Anatomy Act bill have already been considered by his Ministry as of Wednesday this week, just a day before the debate of this Anatomy bill.
“Let’s not miss an opportunity like this session, when we will be able to come up with the bill that will not only be able to respond to the issue of lesser sentences but the issue of the offences that are being committed” pleaded the Minister
But, when responding to the Minister’s call for the House to wait for the Government Bill, Hon. Ralph Jooma who took the floor to represent Peoples Party, said the Anatomy Act Amendment was the way to go to address the problem in the interim “until such a time” when Government decides to bring their “Touted” bill.
“The law has been weak” noted Jooma “It is for this reason that as Peoples Party we want to support the strengthening of the sentencing of convicts”
“We parliamentarians are the only remaining power to end these barbaric attacks” he emphasized adding that Parliament is now the only remaining hope of the persons with albinism
“The Anatomy Act amendment should be the immediate solution between now and when the much touted bill comes into this House” said Jooma
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