Parliament Pass Anatomy Act Amendment: Impose Life Sentences, No Fines

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.

Kalindo, Demonstrators Warn Parliament 'Malawians Will Act' If Death Penalty On Albino Killings Is Not Accepted

 

Legislator Bon Kalindo has warned Parliament that it will see the wrath of Malawians it if it fails to accept people’s demands of enforcing death penalty to convicted criminals in the on ritual killings and abductions of persons with albinism.

Mulanje South lawmaker, Kalindo who led Malawians on Thursday morning to the National Assembly to present petition demanding death penalty activation, said any action taken by the National Assembly on the death penalty demands will show if legislators listen to Malawians or the country's foreign donors. 

Malawi Death Penalty Protest: Kalindo Pulls Crowd Singing Kill Who Kill Albino

Legislator Bon Kalindo has pulled largest crowd ever, chanting songs demanding death penalty for convicts found guilty in cases of albino killings and attacks.

Kalindo has stunned the onlookers for his courage to go on with naked protests putting on red boxer, vest and headgear. Others have joined him including renowned activist Billy Mayaya who also has put on red shorts and T-shirt.

People Of Kasungu East Want Death Penalty For Albino Killers

Calls for death penalty continues in the National Assembly with latest being Kasungu East legislator who has openly told the House that himself and the entire people of his constituency wants eye for an eye for those perpetrating albino attacks and killings in the country.

Honorable Madalitso Kazombo when contributing to the debate on the motion of State of the National Address delivered by President Peter Muthatika, said appropriate deterrent factor to the unending killings and attacks of persons with albinism would be death penalty.

Mwanza Court Add 9 Months To Three Jail Breakers

Three men of ages ranging from 18 to 25, are regretting, and learned dangers of breaking law the hard way, after their jail break attempt resulted each of them an extension to their prison sentences.

Mwanza First Grade Magistrate Court in Mwanza on Monday added 9 month prison sentence to prison sentences of Henry Samson aged 25, Leonard Lameck aged 23 and Mwandida Kuntola aged 18, after their recapture on 12 June, 2016 when they broke out from Mwanza prison. 

Man, 32, Sentenced 9 Yrs Imprisonment For Defilement

The Ntchisi First Grade Magistrate Court has handed a 9 year imprisonment sentence with hard labour to man aged 32 who defiled two little girls aged 3 and 5 on 12th May this year.

The convict Mr. Godfrey Leonard pleaded guilty to two counts of defilement of two girls who come from Dete village in Ntchisi.

According to Ntchisi Police Public Relations Officer, Sergeant Gladson M'bumpha said the man was answering to two counts of defilement which are contrary to Section 138 of the Penal Code.

"In her ruling, First Grade Magistrate Dorothy Kalua said the offence is serious in nature hence the offender deserve a stiff sentence to send a warning to other would be offenders." Said Sgt. M'bumpha 

Cashgate Case: Lawyer Refuse Comment On Katengeza 5yr Sentence As State Express Excitement

Katengeza

Lawyer for Angela Katengeza, Gilbert Khonyongwa, says he needs more time to go through the ruling made on Tuesday before making his comment to press.

Katengeza who was answering to Money laundering of K105 million in 2013 was sentenced to 5 years imprisonment by Lilongwe High Court justice Fiona Mwale.

Asked to comment on the verdict, Khonyongwa said he need ample time to look at the judgment and after he will make his position.

Khonyongwa

“As of now I could not comment much until I go through it at my own time and then determine my position on that.” He said adding that his client will decide on whether to appeal the ruling or not but that will be after they go through the ruling

Several mitigation factors that defense submitted to court were refused. Reacting to this Khonyongwa conceded that the court has authority to consider or to disregard the mitigation factors.

“In terms of the law the court has the final discretion how it handles the sentence. So, from its analysis it has decided to ignore some of the mitigation factors. So that is the position of the court” he conceded

Saidi

Meanwhile, the state has welcomed the court verdict of 5 year prison sentence to Angela Katengeza 

Imran Saidi a state advocate described the verdict by Justice Fiona Mwale as an indication that justice is still taking its course in the country.

“Beyond what the Court has found we wouldn’t have any comment but I think that is a reflection of justice that it is still taking its course in our land.” He said

Judge indicated that Katengeza was supposed to serve a total of six years inprisonment but because of old age and health problems of the convict, one year has been deducted to make the sentence be at 5 years. 

Commenting on this reduction Saidi said “As I said, it is the Court discretion that when it is sentencing there are a lot of circumstances and matters that it puts into considerate on. It is our view and belief that at least what the court found by deduction one year, it is still in order.”

On the ongoing and future cashgate cases he said “This is a positive development. As a state we have always relied upon court duty and the way courts conduct its activities. It is a reflection to the effect that at least the justice is still prevailing and we believe that will still send a signal to the rest of the other offenders probably it is high time that they can make decision of coming forward to plead guilty and probably surrender whatever they acquired from our state coffers.”

Cashgate Case: Katengeza Gets 5 Year Jail Sentence, Tells Judge 'Just Kill Me'

Relatives shielding her from Journalists 

Angela Katengeza les but all that ended when Justice Fiona Mwale punished her with 5 year jail sentence.

In protest of the judges’ custodial sentence immediately after hearing the judgment, Katengeza reacted by shouting "Just kill me, just kill me” and continued “God of Joseph, God of Isaac, what have I done!" and began to cry uncontrollably.

Arrival at the court where she was allowing
Journalists to take her pictures 

On 14th March 2016, Katengeza was convicted and found guilty of Money Laundering contrary to Section 35 (1)(c) of Money Laundering, Proceeds of Serious Crime and Terrorism Financing Act. She was originally charged alongside with her son Gordon Hamdani who was acquitted after the state discontinued case against him and Leonard Kalonga who was discharged after he separately pleaded guilty to various offensesrom the case, after state had paraded four witnesses.

Katengeza was answering to money laundering of K105 million a crime that was committed in 2013 when she had lend out her Faith Construction company certificate to another cashgate convict Leonard Kalonga former Deputy Director for then, Ministry of Tourism.

According to Katengeza, that time Kalonga wanted to use her company certificate with bank accounts to bid construction tenders that were available at the Ministry but could not use his own certificates because of employment policies.   

After giving the certificate to Kalonga, her bank account began to receive payments from Government which accumulated to a total of K105 million and Katengeza admitted that she in separate occasions began to withdraw the money and hand delivered to Kalonga. 

In all these dealings, however, Katengeza disclosed that she only received K3 million covering renewal fee of her company certificate and costs of transport and airtime during the process of withdrawing and handing over the money to Kalonga. 

She was promised 10 percent commission at the end of the deal but that did not happen because the cashgate scandal investigations began much earlier before the deal was over.

Katengenza has throughout the trial maintained no guilty plea citing that Kalonga used her to defraud Government and that she was not part of the Government officers who masterminded the cashgate.

Family members crying outside court

 

Money Laundering attracts maximum sentence of 10 years imprisonment and fine of K2 million.

Announcing the verdict, Justice Fiona Mwale indicated that six years of imprisonment matches actual level of her benefit and margin of her mitigating factor in the commission of the offense.

But said; “I do however recognize her age and her heart condition and I deduct one year from that sentence.” then continued “The convict is therefore to serve 5 years imprisonment in the offense of money laundering” 

Immediately, Katengeza shouted; “Just kill me, I don’t have to bear such hard life again”, as she continued to shout the judge also continued to deliver the judgment of which is allowing the convict the right to lodge an appeal.

Family members also joined in with cries followed by loud murmuring in the public gallery side showing their disapproval of such a lengthy sentence. The murmuring were so loud in the courtroom making the end part of the judgment that the Justice Mwale was still presenting to be inaudible.

Earlier, the judge said suspended sentence was not suitable in this particular case considering various reasons she highlighted in her verdict that includes the negative economic impact cashgate brought to the country.

Justice Mwale in her verdict refused to take into consideration some of mitigating factors that were presented by defense during sentencing submissions. Among the factors include; cooperation, good character, length of the trial which has taken three years, on remorse since she refused to admit her responsibility of theft by maintaining no guilty plea, failure to make restitution and on the K3 million amount that she benefited out of K105 million.

But on K3 million benefits, the judge argued that although Katengeza got K3 million from K105 million she benefited from the proceeds and that she never made restitution. Justice Mwale futher mentioned that still the convicts actions of lending out her company certificate to Leonard Kalonga helped to facilitate the laundering of Government money that “could have been utilized at material time towards realization of the national budget.”

“What is relevant at this time is that she facilitated the theft of K105 million… I find that as a serious crime.” insisted the Judge adding “K3 million is still substantial amount of money” 

“The sum laundered is however, one that is quite high, as I alluded earlier and I keep reiterating that K105 million nine hundred and eighty three thousand is quite high.” She said and further counter argued defense position by saying “In money laundering charges, it is the sum that has been laundered” matters most

The judge also noted with concern failure by state to highlight impact of cashgate during their sentencing submissions.

Outside the court, Katengeza was crying and continued to shout "I don't deserve this life anymore!" 

Katengeza arrival 

Now 55 year old Katengeza was a theological college student and Area 47 block leader when the theft was happening and was consecrated as Eleventh Hour church pastor in 2014 upon completion of her first degree in theology. 

Defense submitted that Katengeza who is a first offender and a person of good character was a very active person in church ministry and her arrest came when she was about to open a church branch in Mtsiriza.

Her Faith Construction operated for a period of 5 years and it was common among construction companies to borrow from each others company certificate.

House Wants Death Penalty To Curb Albino Killings

As ugly waves of attacks and killings of persons with albinism continues in Malawi, it now seem the option left to curb the problem is tit-for tat as a lot of Legislators in the ongoing Meeting of National Assembly wants Malawi to use death penalty as protection of albinos.

Death penalty is currently not used as punishment in the country due to human rights campaigns to end death penalty.

Contrary to growing campaigns against death penalty, a good number of legislators who took the floor on the debate on State of National Address today have expressed their support that death penalty must fall upon the convicted persons involved in attacks and killings of persons with albinism.

Legislators who commented on this have suggested 'the eye- for- an eye' approach for the fact tthat regardless of number of efforts to end the situation seem not to work.

For example, a 38 year old man with albinism was horribly murdered on Tuesday while alone in his garden in Ntcheu district. The mmurderers chopped off his legs, hands and private parts.

One of the Parliamentarian, a Mulanje South legislator, Bon Kalindo joined members who spoke earlier to express support for death penalty and warned that if the debate on albino attacks will fail to come on Friday he will walk out of the House in protest adding that there will be chaos.

"We need to come up with the debate on death penalty." He said "If death penalty does not come tomorrow in this House I will walk out of this House"

He continued "To morrow be the day to make change! To make our persons with albinism walk freely in this country!" He said warning that "If that issue will not come to morrow, and If i will walk out you know what will happen, people will follow me and there will be chaos"

Kalindo agreed with fellow parliamentarians by emphasizing that people killing albinos are being inhuman and persons with albinism must walk free in this country.  

The House which is continuing debate on State of National Address by President Peter Mutharika was on Thursday informed that due to urgency of the albino killings, the Business Committee had agreed that this Friday the House should debate on albino killings which is being described as "National crisis"

Among other things, Hon Kalindo also commended the recent move by Government to deploy Malawi Defense Force to give protection to Mulanje Mountain. He said this will help to protect valuable natural resources found in that mountain but have been neglected for a long time.

"This will make that place a non-go zone" he said "anthu atibulidwako kumeneko"

But he observed that for the deployment of the Army to be effective therefore the group which is currently working to protect the mountain 'Mulanje Conservation Trust' should be forced to pack up and go.

"Those guys have destroyed the natural resources in Mulanje mountain" he added

Malawi Traditional Healers Denies Participating In Albino Attacks

Frank Manyowa

The umbrella body Organization of traditional healers in Malawi suspects foreign immigrants claiming to be traditional healers as being those fueling attacks and killings of people with albinism in the country.

Fingers are pointing at traditional healers for being ones tricking people that body parts of an albino can bring fortune such as wealth.

But Frank Manyowa, President for the Traditional Healers Association of Malawi has cleared Malawian herbalist from the rumours saying  they do not have a hand in these ugly violence.

Manyowa said the group had recently met to hunt for possible perpetrators among their circles following the allegations that it is them perpetrating attacks of persons with albinism. But he said they did not identify Malawian herbalist perpetrating this and therefore concluded that the perpetrators are foreigners who came into the country and claim to be traditional healers.

“We have observed that this is a strange practice and we have never had this situation before in the country.” He noted

“We have noted that with recent influx of foreigners particularly those that are claiming to be traditional healers coming from various countries including Tanzania are possibly ones who have brought this." He said, and explained "Because we have learnt that a number of Traditional Healers have fled from Tanzania into Malawi because of tough regulations there”

While distancing themselves by stressing that Malawi traditional healers are clean from these evil he described these killings as "witchcraft rituals" which he said they don’t condone and condemn in strongest terms. 

The traditional healers president indicated that their grouping is guided by code of conduct which does not allow any of their member to practice magic and drawing distinction between real traditional healer and sham traditional healers, he said real traditional healers only provide herbs and medicine to heal specific illnesses while the fake ones claim to multiply money and do all sorts of magic just to steal from people. 

He disclosed that their association has resolved to register all traditional healers and that those who may shun the excercise will never be allowed to practice their medicine in the country.

“From today, I would like to announce that we will not allow any traditional healer to make adverts on radio without our approval” announced Manyowa who expressed his disappointed that the issue of albino attacks has badly affected thier businesses

He further asked Courts to give life sentences to culprits found guilty in these attacks and hinted that they will be conducting sensitization across the country to stop people from believing false rumours that albino body parts can bring wealth.

Ministry of Justice Response To Albino Killings

Meanwhile, Neverson Chisiza a Senior State Advocate in the Ministry of Justice and Prosecutor for the cases of albino said the ministry is revisiting the operations of the Traditional Healers to ensure that they meet standards. 

He among other things mentioned that the ministry has placed focus on the cases of albino attacks and killings and that “This matter has been given seriousness it deserve” 

He disclosed that for immediate solutions on sentencing, his office has already sent some proposed provisions that are calling for stiffer sentences to Solicitor General  which include capital punishment for being found in possession with fresh body parts and bones while for exhumation of bones is the proposed sentence is “not less than life imprisonment”

Chisiza mentioned also that the ministry of Justice is in the process of reviewing some laws such as Anatomy Act, to ensure that courts are handing stiffer sentences to culprits, letting all cases involving albinism be handled by professional magistrates and that the Ministry is also working on handbook that have all provisions for the charges to do with attacks on persons with albinism to guide prosecution in such cases.

As some are continuing with attacks and killings of persons with albinism, police have said they have established that there are no markets for body parts or bones of persons with albinism as it is alleged.

Stan Kaliza, a Senior Deputy Commissioner of Police at Police Headquarters said all culprits who have been arrested so far, have confessed that the time of their arrests they were stranded walking around with albino bones and body parts for they had no clue of where to sell the parts.

“The culprits caught so far have told police that they killed an albino or exhumed their bones just because they heard rumors that having those parts is a hot business, so they were just walking around with the body parts. There is no market all and this is just completely unfounded rumours.” He said 

Albino Grouping Urge Parliament To Allocate Resources, Review Necessary Laws For Fight Against Albino Killings

Bonface Massah

Association of Persons with Albinism in Malawi (APAM) stresses that the ongoing Budget Meeting of the National Assembly should allocate resources for the fight against dreadful attacks and killings of persons with albinism.

President for the association, Bonface Massah said resources are needed to fight the criminals who are adept in the attacks and added that relevant legislations also be reviewed in this Meeting of National Assembly to support the prosecution of cases of albino attacks.

Massah was speaking at the press briefing in Lilongwe on Wednesday, when the National Technical Committee on Abuse of Persons with Albinism in Malawi chaired by Dr. Hetherwick Ntaba was providing details of progress and action plan for response to the abductions, killings and exhumation of the remains of persons with albinism.

He warned that if the Parliamentarians will spend time in the House without addressing the problem then “They are killing us”

He stressed that the response to the problem should not only be the word of mouth but with resources and that “Investigations must be urgent” as well.

On Tuesday, Malawi has recorded a fresh brutal murder in Ntcheu district of a male albino aged 38 who has been identified by police as Fletcher Masina picture found here He was attacked while in his garden and attackers chopped off his arms, legs and private parts.

Referring to this case, Massah said even him as person championing the rights of persons with albinism is not safe and that without concrete efforts to curb the situation, persons with albinism will all die. 

He also called for speedy prosecution involving albino attacks.

Later in an interview, Massah said “Government has accepted that this is a crisis and that is why we are calling Parliament to also address this with a crisis response. Normally parliament has mandate to allocate resources when we have crisis or disasters in our country and this is one clear a crisis that we are experiencing in Malawi that needs urgent attention by our parliament.” 

He said adequate budgetary allocation should be channeled to the Ministry of Health in order to address the health needs of people with albinism, to Ministry of Home Affairs for Police investigations and police trainings on how to tackle the problem.

“Parliament must ensure that each budget that they are passing this year must have clear response to our needs and even setting aside special funds that will really respond to the current crisis that we are experiencing like to deal with altitudes and special needs that people with albinism have.” He stressed

He also explained that apart from resources, people with albinism wants the House to review weak laws that Malawians have been highlighting as one of the contributing factor to the lighter sentences that courts have been handing to convicted criminals. 

“That is also a key role that Parliament must play to support the response that has been taken by various stakeholders.” He emphasized

Technical Committee’s Work Progress

Ntaba

Chairperson for the Committee, Hetherwick Ntaba announced that short term actions have been identified by his committee and there is progress in terms of implementation.

“The mapping exercise to identify the population of person with albinism across the country for targeted interventions has started and is being coordinated by the Ministry of Local Government. The ministry will involve the TAs (Traditional Authorities), Group Village Heads and Village Heads in this task” disclosed Ntaba expressing hope that this will make it possible to reach many of the persons with albinism 

He outlined that there will be continued awareness campaigns on albinism issues to stop attacks, speedy investigations and prosecutions of criminal suspects, investigative and intelligence research to establish loot cause of attacks, regulation of traditional healers since the attacks are allegedly perpetrated by myth that body parts of albinos can bring fortunes when used in magic.

On health related needs for persons with albinism Ntaba said the Ministry of Health shall provide sunscreen lotions, supply of protective clothing including hats and sunglasses to persons with albinism. 

“They will also alert their clinicians to look out for possible skin cancer complications in patients with albinism at the clinics” he added

Mr. Ntaba further mentioned that Ministry of Education will also put into Boarding Schools with appropriate security arrangements all children who are failing to go to school for fear of being attacked.

Ntaba also hinted that there are mid- and long-term plans lined up for implementation and would like to have the National Response Plan on attacks of persons with albinism fully implemented. He mentioned that the plan will among other things trainings for magistrates, police prosecutors and investigators, and address health needs for the persons with albinism.

Ntaba also noted that although the committee does not have resources, a lot can be done without finances because this is a human issue that requires collect efforts by being each brother’s keeper. However, he said resources are necessary but “let not lack of resources stop us from protecting persons with albinism”

Persons with albinism in Malawi are being attacked, killed and even their remains exhumed due to the disbelief that their body parts can grant benefits such as wealth. 

On 5th May 2016, President Peter Mutharika instituted the National Technical Committee on Abuse of Persons with Albinism in Malawi with mandate of discussing and reach agreements with all stakeholders and oversee implementation of agreements, initiatives and strategies with an aim of ending increased and gross violation of human rights of persons with albinism. 

The multi-sectoral committee comprises institution such as Office of President and Cabinet, Line Ministries of Information, Gender, Justice, Health, Home Affairs, Local Government and Education. It also included Malawi Police Service, the Judiciary, The Association of People with Albinism, Association of Traditional Healers, and Citizens Alliance representing civil society organizations in Malawi. There are also stakeholders from the donor community.

Cashgate Case: Katengeza For Suspended Sentence As Judgement Coming Week's Time

Katengeza has heart problem 

Convict in the infamous Cash-gate scandal, Angela Katengeza has prayed for a suspended sentence citing her health problems.

Through lawyer, Gilbert Khonyongwa, told Judge Fiona Mwale on Thursday that Katengeza has heart problem and Hypertension, therefore custodial sentence will lead to deterioration of her health given poor condition in Malawi prisons.

Katengeza is answering theft and money laundering amounting to K105 million after the Baker Tilly forensic audit report revealed her Faith Construction Company was one of the companies that were dubiously paid by Government in 2013 without rendering any service.

The case resumed on Thursday at Lilongwe High Court for oral submissions on sentencing where the State objected the defense application by requesting court to apply custodial sentence because medical arrangements will be made while she is in prison. It also acknowledged to have taken note of the medical report on heart problem and not hypertension.

“We do not believe that that should compel the court to give her non-custodial sentence” observed state prosecutor, Reyneck Matemba while acknowledging that her health condition may have advantage to her when it comes to sentencing

The state application underlined that the court must “be cautious” on setting precedence to would be offenders who may in future use health condition as a tool to escape punishments like custodial sentence.

Matemba added that money laundering is a very serious offence and Katengeza should face custodial sentence just like other convicts who committed same cashgate offence and are now serving custodial sentences.

Katengeza who told court last year that she is a pastor maintains her no guilty plea saying she unknowingly got herself into the scam after Leonard Kalonga former Deputy Director at then Ministry of Tourism borrowed her company certificate. According to her, she innocently lent out her company certificate to  Mr. Kalonga who wanted to use her company name in getting 'construction projects that were available at his office' but due to working conditions he could not have used his own company certificate. Katengeza said was promised to receive a percentage for lending out her certificate and she did not know that he could use it to defraud Government.

Court found her guilty and was convicted for theft and money laundering.

During submissions on Thursday, State, conceded defense application for leniency on the fact that Katengeza got only K3 million from the K105 million deal since the arrangement was to pay her for lending out her company certificate.

As well state acknowledged and conceded defense submission on cooperation shown by Katengeza throughout the case. On this, State said the convict played a very significant role of giving new information to State which lead to self guilty plea of Leonard Kalonga, of which Kalonga was identified as a person who recruited 17 companies that were involved in the scam.

Matemba said “if it were not for Angela Katengeza decision to testify” by giving information on how she got herself into the scam “Mr. Leonard Kalonga would have not changed” from no guilty to plea of guilty.

“Her decision to tell her story totally changed trial of Leonard Kalonga” said Matemba adding that this may work to her advantage on sentencing 

But, the state disagreed with the defense that her cooperation was a sign of remorse. State indicated that it believes that Katengeza has never shown sign of remorse by maintaining plea of not guilty and distancing herself to the criminal activity which she participated knowingly. 

The state also asked court not to consider Katengeza as a responsible person for her family, a person with good character, and that has lost her business following the case.

“She doesn’t have good character as both pastor and block leader” ruled out Matemba adding a responsible person would have realised that it was a criminal activity and she was supposed not to take part

Matemba also said her conduct does not show that she is "honesty” person that her honesty ended the moment she accepted to participate in a crime of defrauding Government.

Further, responding to defense complaint about the lengthy period of the trial, Matemba said “none of us have control over that and it is a natural consequence of indulging in criminal activity.”

In their submission, the defense have among other things said Katengeza is a first time offender who had no intention to participate in the scam as she had no plans at all  to steal from Government and that she was exploited and used by being dragged in the criminal activity.

"She did not know for example that lending company certificate to fellow contractor was unlawful." Added counsel Khonyongwa in the submission.

Court has adjourned and will set new date in two weeks time for judgment

Malawi Ready “To Deal Accordingly” With Albino Attackers

President Peter Mutharika has warned people masterminding barbaric attacks and killings of people with albinism that they will be dealt with “accordingly” if they don’t stop the malpractice.

He was speaking at Kamuzu Palace in Lilongwe on Thursday evening when he met with the Association of People with Albinism in Malawi (APAM)

“I want to assure you that my Government will not tolerate this malpractice, which has brought fear and sense of insecurity among persons with albinism, their relatives and friends. This is evil, and a threat to the most fundamental human rights in our constitution. And we will deal accordingly with those that are associated with this barbaric act.” Warned Mutharika

“I would like to repeat my warning to would-be offenders: Stop abducting, maiming, killing or exhuming remains of people with albinism. Do not even think or plan anything in that line. You will be sorry for the rest of your life.” Emphasized Mutharika

This was a very significant encounter with the group in terms of discussing and map the way forward in protecting and promoting the life and rights of people with albinism who are being attacked for the misbelief that their body parts brings fortune.

At the very beginning the Malawi leader said the meeting with APAM was “serious business” and a clear testimony of the commitment that the Government and the Association have, to protect and promote the life and rights of people with albinism.

President Mutharika who reminded APAM that he has been making several pronouncements before on the matter, said the audience with them was mainly seeking to hear directly from APAM about their experiences, views on government efforts so far, and proposals that Government must execute in order to end this barbaric act.

“It is disheartening to learn of the rising incidences of abductions, killings and exhumations of the remains of people with albinism.” He said “Two months ago, we were talking of about 50 cases. Today, we have 66 cases recorded, for abductions, trespassing of graveyards, being found with human bones, suicide, assault of bodily harm, conduct likely to cause breach of peace, and killings of people with albinism.” Recounts Mutharika 

Mutharika indicated that as of Wednesday, now total registered cases of albino attacks is at 66, whereby there has been; 14 Kidnappings, 6 Killing, 3 Missing Persons, 28 Tampering with graveyard, 2 Assault of bodily hard, 1 Conduct Likely to cause breach of peace and 12 Found with human bones.

The President further mentioned that police investigations have shown that almost every district people with albinism are living in danger unlike in the past where the cases were happening in few districts.

“But Government has intensified the fight, and has so far arrested 69 suspects, and is prosecuting them.” Said Mutharika and thanked all who tipped off police about the suspects then called upon all Malawians to be vigilant and report any suspected cases to the nearest police

“We should all be our brother’s keeper.”  He appealed but reminded people not to use mob justice once they apprehend suspects by urging, “Please report them to police.” 

He in the same vein urged Traditional Leaders and all Malawians to protect persons with albinism “Let us work with the police to establish community policing in our areas and report to the police any suspicious characters. Let me also ask the Minister of Gender, Children, Disability and Social Welfare and her counterparts to urgently engage the Traditional Healers Association of Malawi to come up with ways on how to eliminate these atrocities of persons with albinism.”

President Mutharika mentioned that Government is taking serious steps against this criminal behavior and added “we are overcoming it.”

He mentioned that Government has intensified surveillance and investigations, and also intensified working relationship with the APAM. 

“I have also set up a technical Committee which will monitor the implementation of the initiatives that Government has put in place to curb the malpractices. The Committee comprises officials from Ministry of Gender, Children, Disability and Social Welfare, Office of the President and Cabinet, Police, Intelligence, Ministries of Home Affairs and Internal Security and Justice and Constitutional Affairs. The Committee will report to my office on the progress being made.”

While thanking Police for the job well done so far in apprehending the culprits, Mutharika also asked them to do more. 

“Abducting, maiming, killing or exhuming the remains of people with albinism is criminal. Treat the suspects accordingly. I know you have secured 12 successful convictions and 2 acquittals. Let’s keep aiming higher.” He urged then also commended the Judiciary for prioritizing cases, and encouraged them to consider giving the stiffest sentences to the culprits

Mr. Bonface Massah, President of the Association of People with Albinism in Malawi (APAM) who spoke on behalf of the Trustees of the APAM and members of the delegation said people with albinism are in danger.

“It is clear that we are still living in great fear and it is clear that we are still facing a lot of challenges in terms of stigma and discrimination and it is really true that until today Malawi hasn’t had a perfect solution to end this attack.” Said Massah who hoped that the recommendations from the meeting will address the current challenges

He said this is a worrisome situation and warned that with current population of people with albinism and current pattern of attacks if nothing is done to stem the tide, then all people born with albinism faces risk of systematic extinction in next ten years. 

He also expressed gratitude with Government decision to establish a special taskforce on the matter “We hope it will bring out key changes in the lives of persons with albinism. For the past years it is very clear we have failed as a nation but we believe this is a new chapter for all people with albinism in Malawi to really reflect on the current situation and immediately have interventions that will address our current challenges.”

Before the meeting was held in camera, President Mutharika also announced that his Government will, on 13th June this year, join the rest of the world in commemorating the International Albinism Awareness Day, in line with the United Nations General Assembly resolution 69/170 of 18 December 2014.

Malawi is registering frequent reports of attacks, abductions and killings of Persons with albinism and even the remains are robbed from graveyards. These atrocities occur due to the misbelief that their body parts can grant benefits such as wealth and good luck when used in witchcraft. The body parts allegedly sell for high prices, on the black market.

United Nations Independent Expert on the rights of persons with albinism, Ikponwosa Ero who recently paid visit to Malawi to assess situation of people with albinism from April 18 to 29, 2016, requested Government to put its efforts into action if the battle to end attacks and killings of people with albinism is to be won.

“The situation of people with albinism in Malawi is critical, this is not business as usual it requires urgent reaction.” Noted Ero and called on African leaders to treat issue of albino killings just like they are treating issues of saving elephants from extinction

Ero further encouraged Malawi to focus on the investigation to identify the markets for body parts and final recipients including addressing the root cause of these atrocities.

UN Independent Expert Calls For Action To End Albino Killings

The United Nations Independent Expert on the rights of persons with albinism, Ikponwosa Ero has asked Malawi Government to put its efforts into action if the battle to end attacks and killings of people with albinism is to be won.

She made the call in Lilongwe at the end of her first visit to Malawi to assess situation of people with albinism from April 18 to 29, 2016.

While welcoming the launch of the Government’s Response Plan on albino attacks in March 2015 and commend its content, Ero feared that the absence of resources attached to the plan has drastically delayed its implementation.

“Such an emergency situation needs an emergency response, and I saw insufficient action taken to date." Observed Ero 

She stressed that stronger leadership, a greater profile, and elevation for the issue is necessary along with the provision of adequate resources, which could be found, for example, within the Office of the President and Cabinet under the leadership of a high ranking official.

"If such a solution is adopted, it should include the expertise of the Department of Disability of the Ministry of Gender, Children, Disability and Social Welfare." She emphasised 

Ero said although Malawi has done well in terms of condemning attacks, however there is need to “turn” speeches “into action because action so far has been week”, “In terms of political will in comparison to what I have seen happening elsewhere, I would give them (Malawi) an eight over ten, on action they are not passing” she said 

Malawi is registering frequent reports of attacks, abductions and killings of Persons with albinism and even the remains are robbed from graveyards. These atrocities occur due to the misbelief that their body parts can grant benefits such as wealth and good luck when used in witchcraft. The body parts allegedly sell for high prices, on the black market.

To date, according to the police, 65 cases have been registered since late 2014. At least two other incidents occurred while the expert was in the country.

Ikponwosa Ero has since warned that the atrocities faced by persons with albinism in Malawi render them “an endangered people group facing a risk of systemic extinction over time if nothing is done.”

The UN expert has described the Malawi situation as “an emergency, a crisis disturbing in its proportions.” 

“Given the relatively small population size of people with albinism in Malawi - reported to be a little less than ten thousand - attacks against a few of them constitutes a danger to all of them,” she stressed.

While in Malawi, Ero observed that persons with albinism and parents of children with albinism are not living peacefully since abductions are occurring from homes that do not have wooden doors or locks.

She indicated in her report that due to constant fear, persons with albinism cannot walk alone and for the safety measures persons with albinism particularly children have dropped out of school and that even their parents have stopped attending to their gardens as they need to stay home to protect their children.

The expert further found the situation as “disturbing” because of the frequent involvement of close relatives in cases of attacks making persons with albinism unable to trust even those who are supposed to care for and protect them.

“The situation of people with albinism in Malawi is critical, this is not business as usual it requires urgent reaction.” Noted Ero in an interview while calling African leader to treat issue of albino killings just like they are treating issues of saving elephants from extinction

“These are human beings that are facing similar endangerment so we require critical response. This is an emergency and it requires emergency response.” She stressed  

The expert said the other best way that Malawi can eradicate the problem is to address the root causes of attacks, in particular why they are happening. 

“Enhanced Investigative research is necessary.” She noted, “To date, no investigation has been identified neither the markets for body parts or final recipients. Too often it is only perpetrators at the end of the chain that are caught and sentenced, while those commissioning the offence are not apprehended. Stronger cooperation between Police and Department of Public Prosecutions and adequate resources will facilitate the collection of evidence needed to fight the demand side of this macabre market”

Ero has recomended stiffer sentences to convicted criminals that reflect the gravity of the crime, amendment of some outdated legislations and stop granting bails to suspects as their early return to communities increases the fear among persons with albinism.

She observed that more immediate measures are necessary, such as a judicial direction that cases be handled only by professional magistrates. She also recommended training for police, prosecutors and magistrates to increase knowledge of the current legislative framework applicable to these cases.

The UN expert also recommended basic interventions such as providing security features such as iron bars and proper doors in the homes and schools where people with albinism lives as well as creating help line and appointing a person with albinism to high ranking positions.

Furthermore, recomendations also calls for urgent and coordinated response from the Government, civil society and development partners working in strong partnership with each other, stressing the principle of ‘nothing about us without us’, which includes the involvement of organizations of persons with albinism at every step, where the process cannot be led directly by them.

Among others, Ero has commended the protection measures adopted by community police and some traditional authorities as well as the support provided by communities to their members with albinism. 

“The quick intervention of neighbours during attacks has in various cases led to the rescue of persons with albinism and to the arrest of perpetrators,” she said

The Independent Expert will produce a full report and recommendations to be presented to the UN Human Rights Council in March 2017.

Elephant Brutally Kills A Farmer Near Thuma Forest

A farmer in Salima district was brutally trampled to death by an elephant from Thuma Forest-the horrific attack has brought fear among people farming closer to the forest.

Police in the district identified the deceased as a 55 year old man Enuya Enali of Mkwatire village T/A Kambwiri in Salima.

Salima district police public relations officer, Sub Inspector Gift Chitowe, explained that the shocking incident took place near Thuma Forest Reserve in the evening of April 30 2016 around 17:00 hours.

"The deceased was in his garden slashing maize stalks when a charged elephant suddenly emerged and attacked him to death" said Chitowe while indicating that the deceased garden borders with Thuma Forest Reserve

He said people from neighboring farms who witnessed the incident tried in vain to prevent the attack by ringing bells and blowing whistles just to fend-off the animal and also to send warning to others about the incoming danger.

"One of the eyewitness said they saw the deceased trying to escape while shouting for help. They blew whistles and rung bells just to scare-off the elephant as well warning each other to run away. Unfortunately the elephant appeared too close from his behind and it trampled him" narrates Chitowe

Chitowe said the deceased was pronounced dead at the scene and he suffered severe injuries as his body was trumpled to pieces.

This is a fourth attack in a period of three years since the fence surrounding the forest was ransacked.

According to Chitowe, elephants from Thuma forest are on loose because the fence surrounding the forest was vandalized by communities around the forest who wanted an easy access into the forest to cut down trees for making charcoal.

Mphwiyo Shooting Case: Court Ban Communication Btwn Accused and Chiumbuzo Family

Manondo

High Court justice Michael Mtambo has granted state an order restraining three accused persons answering attempted murder trial of Paul Mpwiyo to temporally stop communicating with Chiumbuzo family, the close relations to first accused, McDonald Kumwembe.

“Accused persons and all agents should not contact Luciano Chiumbuzo and all his nuclear family” ordered Mtambo on Tuesday evening at Lilongwe High Court  

The order come following ‘rebuttal evidence’ application made by State relating to alibi of suspected gunman, Kumwembe who stand by his claim that he was in Mozambique when Mphwiyo was shot in the night of September 13, 2013.

Director of Public Prosecution (DPP) Mary Kachale said state would like to rebut his excuse by bringing four witnesses among them are members from Chiumbuzo family who are related him. 

State evidence through Airtel mobile company call logs indicates that during the period in question, Kumwembe cell phone was actively used in communicating with second accused Pika Manondo here in Malawi up until the morning of September 14. Call logs, shows the morning of September 14, the two met in Dedza, the neighboring district of Lilongwe, where they communicated to each other using network tower for Dedza market.

But his earlier testimony, Kumwembe said he left his mobile phone in Malawi with his cousin, Luciano Chiumbuzo so he can communicate with Pika and any other person on number of business issues while he was away. Kumwembe who claim to have left the country though Dedza boarder agrees with witness of Pika that it was Luciano Chiumbuzo who had met with Pika in Deza in the morning of September 14.

Mphwiyo who until the time of attempted murder was serving as Budget Director at Ministry of Finance was shot while entering the gate of his home at area 43 in Lilongwe.

Director of Public Prosecution (DPP) Mary Kachale made the rebuttal application immediately after defense had closed its case

“What the law allow is that when the defense have given their case and there are what we consider as new matters that we could not have reasonably foreseen then in that case the State is allowed to bring in the rebuttal evidence so that is what we want to do” said Kachale in an interview

The matter has been adjourned to May 9, 10 and 11, 2016 but before adjournment Judge Michael Mtambo advised parties that court must finish dealing with the new business within the specified dates. It is now expected that after concluding with new business, parties will submit whether the suspects are guilty or not guilty.

In the day, Second accused Pika Manondo paraded Airtel expert to speak about network and how it precisely locate position of the phone making or receiving a call. Before the expert was introduced in the court, parties had met to define scope of evidence the defense were looking from Airtel since the company is also prosecution witness.

Pika brought Airtel expert to clarify because it is believed that he was present at the shooting scene in Area 43 since call logs had traced him being in Area 43 around the hours of the shooting.

Through his testimony, Pika said he was drinking that night staring from City Centre and had stopover at Area 10 Pacific Mall a neighboring area to area 43 around 23:00 hours. He then proceeded through Malawi College of Accountancy road heading to Area 10 crossroads where traffic lights are he took M1 road and drove to Area 47 at Bwandilo where he continued drinking at Chez-Mtemba till early hours of September 14.

Kuyere

Explanation from Kelvin Kuyere, Radio Network Planning Manager at Airtel Malawi throughout cross-examination in chief and during cross examination with first and second accused maintained that a person driving from City Centre passing through Capital Hotel to area 10 then proceed to Area 47, one’s cell phone is likely going to register network towers for Capital Hill, area 10, area 18 and area 43 tower which is at Petroda filling station near area 30 and very close to Area 10 Pacific Mall.

He said it most likely because very often signal from separate network towers in very close areas do overlap just to make sure that a subscriber is fully covered.

However, Kuyere contradicted himself during cross examination with State when more than once said was “certain” that Pika was outside range of coverage area of Area 43 tower. He also told court that it was not likely that Pika phone could be picked by far and weaker signal from Area 43 when stronger signals from Area 10 and other nearby towers were at off-peak hours which normally begin after 19:00 hours to the next day 09: 00 hours.

In his explanation, Kuyere said only when a closest tower is experiencing loading, the tower at far distance offering weak signal is allowed to take users. He emphasized that normally, when making a phone call network automatically decides cell tower offering best signal but in cases where there is loading, the network pushes subscriber to the next cell even if that cell is offering weak signal.

But he emphasized that during the off-pick hours closer tower always offer strong signal and it is therefore not likely in such circumstances that cell phone can pick far and weaker signal.

He also told court during cross examination of both first and second accused persons that call logs cannot be used to locate actual position but to locate general locality of subscriber within the radius of the tower. He emphasized that call logs must be used along with GIS application.

Mphwiyo Shooting Case: Court Orders Police To Return Phone, Driving License Back To Kumwembe

Kumwembe to get his phone and driving license 

High Court in Lilongwe has ordered Malawi Police Service to return the seized driving license and a Nokia mobile phone back to owner, Mr. McDonald Kumwembe after court heard that Police are failing to return the items to him since 2013 arrest. 

Today, Kumwembe, the first accused person with case to answer on conspiracy and attempted murder of former budget director Paul Mphwiyo, informed court that the Malawi Police Service had seized his Nokia mobile phone and driving license in November, 2013 when he was being arrested. 

However, the state had closed its case without tendering those items as exhibits and now the case is torwards the end of defense stage.

Kumwembe asked for his property to be given back to him saying he has been trying in vain to ask Police to give him back the items. 

“Whenever I go to get my license and phone, they just continue telling me to come back next time” said Kumwembe

Kachale: her office never saw the items 

The Director of Public Prosecution (DPP), Mary Kachale said her office never received such items from Police and if indeed they were taken by police, then police would better be in a position to return the items and bear trouble of producing them if they fail to give back to Kumwembe.

“We did not receive them as Directorate of Public Prosecutions so, if they were there, they are still with the police.” Said Kachale

Delivering his ruling, Justice Michael Mtambo ordered Malawi Police Service to return the items “within 10 days” and the order is effective beginning today April 19, 2016.

Mtambo ruling also indicated that failure to return the items within the specified period, Police will have to inform court reasons that would stop Court from compelling them to bear the trouble of producing the items.

Meanwhile, the case has been adjourned to next week Tuesday, April 26, 2016 following Pika Manondo’s request for early adjournment since his third and last witness-experts from Airtel failed to come.

The two day business was for the defense witnesses to testify for Pika Manondo.

Manondo called Kondwani Ndovie on Monday and spoke about the deal they had involving supply of various campaign materials for the Malawi Congress Party Convention particularly resources for the election of John Tembo as the party candidate for the last Tripartite elections.

Court continued on Tuesday morning hearing witness of Austin Chinseu. Chinseu who maintained that he met Pika at 11:10 pm at Chez-Mtemba club at Bwandilo in Area 47 as he was getting out of the club.

The witness of Chinseu was trying to invalidate the State claim that Pika must have been at the scene of Paul Mphwiyo shooting around that hour and 12 midnight in Area 43.

No, Pika has told court that he is remaining with one witness, that is from Airtel.

As defense remains with one witness, Director of Public Prosecution, Mary Kachale has since said now the case is coming closer to conclusion.

“Ordinarily, after next week there is always close of all cases. So this case is coming to an end” said Kachale