Penal Code Amendment Bill of 2016, Courts Amendment Bill Passed

Tembenu

The Malawi National Assembly on Friday passed the Penal Code Amendment bill with an aim of addressing the ongoing attacks and killings of persons with albinism as well as protecting persons with any type of disability.

The legislation is proposing life sentences for those found guilty of unlawful exhumation of human corpses particularly remains of persons with disability with intention of having the body tissues to sell or use them in any witchcraft practices.

Similar sentences will be applied to those who may cause another person to commit such offence, or is involved in selling, buying or transacts in human corpse or tissue extracted from human corpse or living person. Life sentences will further be applied to all those who kill, maim, wound or cause grievous harm even sexually assault a person with disability.

Relatives of persons with disability who may aid the attacks, killings, extraction of body will get life imprisonment without possibility of parole.

A lot of parliamentarians supported the bill and expressed hope that it will go a long way in ending the killings and attacks of persons with albinism.

However, responding to some of the questions, Minister of Justice, Samuel Tembenu said it is the courts discretion to give sentences depending on how it will weigh the factors but these are just maximum sentences that the court can give to convicts.

Tembenu also further mentioned that cases of this nature will be handled by courts like Senior Magistrates and Chief Resident Magistrates and that one the Magistrate courts the case is beyond their capacity they will be committing the case to High Courts.

When responding to the fears raised by Dowa West legislator Hon. Alexander Kusamba Dzonzi that in some cases the newly passed law will end up punishing innocent people to life imprisonment for example if one injure a person with disability say in a brawl, Tembenu said that will not happen as there are specific laws that will be addressing those issues.

“If people are involved in the fight that is covered by some other laws. There is specific reason why we have come up with this law and that is the killings, the maiming’s and abductions of persons with albinism. A normal fight will be guided will be guided by same laws that are there if you and I fight.”

Earlier, Tembenu also informed the House that Government is doing everything possible to address the attacks and killings of persons with albinism by addressing issues of witchcraft and superstition and among others he said Government is revising Witchcraft Act and also regulating the work of traditional healers who are said to be on the centre of perpetrating the killings of persons with albinism.

He also issued warning to Amnesty International not to interfere with the way Malawi is handling the issues of ending the barbaric attacks and killings of persons with albinism. He said the recent remarks by Amnesty International that Malawi Government has done nothing to end the issue were uttered “out of ignorance” because they don’t know Government is doing.

“People who live out of this country they come here look at issues and without properly consulting with Government they think we are doing nothing and they begin to dictate things that they think are best way to go about resolving the problems we have.

“When you come here be respectful to us that we have a government and we know how to resolve our own problems. We do not need Amnesty International to tell us how to resolve these issues.” He said 

Meanwhile, the House also passed the Courts Amendment Bill a legislation which seeks to establish divisions in the High Court and empowerment of Chief Justice to make local rules of procedures for the High Court.