Court denies bail to Nsanje ‘Hyena’:  Malawi Law Society  to represent HIV-positive man paid to have sex with girls

Nsanje Magistrate’s Court  on Friday denied bail to Eric Aniva, the Nsanje man who confessed to defiling more than 100 adolescent girls  as part of initiation rites into womanhood and sleeping with widows in a sexual cleansing ritual when he was HIV positive.

Aniva: Denied bail, claimed that custom did not allow him to use condoms.

Aniva: Denied bail, claimed that custom did not allow him to use condoms.

Aniva, 45, was nabbed last month, when President Peter Mutharika ordered his arrest, after he admitted to the act during a British Broadcasting Corporation (BBC) television interview on July 21.

He revealed that families paid him between to have sexual intercourse with their children, in a traditional custom meant to prepare them to become good wives.

Nsanje First Grade Magistrate Anderson Masanjala denied the ‘hyena’ man bail saying “it is wise for Aniva to remain on remand so that police can finish their investigation.”

Aniva was formally charged with ta case of prohibited harmful act which is contrary to Section 5 of the Gender Act.

He appeared before a packed courtroom without a lawyer, because he could not afford one.

But  Malawi Law Society (MLS) has  offered to represent in court Aniva.

Lawyer Mandala Mambulasa, a representative from MLS came appeared before the Nsanje Magistrate’s Court to alert the court that the Constitutional body wants to represent Aniva, who comes from Chiphwembe Village in Traditional Authority(T/A) Malemia.

Mabulasa said MLS will represent Aniva on  pro-bono service (free ).

Frist Grade Magistrate Masanjala said one reason for denying bail was to ensure MLS reaches him in police custody.

““Bail is a constitutional right and any case is bailable. However, since MLS is interested to offer pro-bono legal representation, I am not giving you a bail so that the lawyers are able to reach you because it might be difficult for them to meet you while in the village,” said the magistrate.

Aniva’s trial will resume on August 15 and he could be jailed for life if found guilty of underage sex.

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5 thoughts on “Court denies bail to Nsanje ‘Hyena’:  Malawi Law Society  to represent HIV-positive man paid to have sex with girls”

  1. Apao Kugola says:

    If Malawi’s judicial system is up to international standards, the so-called hyena will win the case because obviously the guy is found in a complex case. He did not propose a love affair with any of the girls neither did he rape them. He was hired to do a service. But on the other side, one may ask if you are hired to kill another person, do you have a case to answer or the one who hires you should be answerable?

    Une mbite!!!

  2. JIMMY says:

    I find MLS act very strange. This man was giving aids to innocent 12 year old girls and somebody wants to him.. I have a teenage daughter and I am scared.

  3. The Analyst says:

    O…………………………………………………………………………………………………………………………………………………………………………………………………………………………..O
    The reason for denying him bail, is significantly inadequate.
    . . . Tell us the offence is too grave for the hyena to be given bail, we will agree, but later on remind you that any offence in Malawi, is bailable; even treason.
    . . . Tell us, you are afraid the hyena may disappear into the cave as have his friends (whom you are even failing to arrest until now), and we will agree; but ask how you have come to establish that possibility.
    . . . Tell us, you are afraid, his release may jeopardise investigations, we will agree and keep quiet; but remind you that he was not the only one, and the others can equally muddle the investigations.
    . . . Tell us, you are trying to make it easier for MLS to reach him in cell, and we will ask if you are of sound mind and thus question your reasoning capability and your integrity as a magistrate.
    . . . Coz if people who advertise themselves as “learned” can reason like this, then we may wish to change the definition of “learned”. But if we refuse to do so, then we have a very serious problem in Malawi, for confusing one thing for another.
    O…………………………………………………………………………………………………………………………………………………………………………………………………………………………..O

  4. BIGGIE says:

    Is that a reason to deny one bail? you have’nt been put into the cooler brother man, you will cry one day

    1. CHITUTU PHIRI says:

      ACCORDING TO MY UNDERSTANDING, THE GUY IS NOT IN THE WRONG SIDE OF LAW BECAUSE IT WAS PARENTS HUNTING FOR HIM ACCORDING TO THEIR CUTURE NOT HIM HUNTING FOR THE SO CALLED CHILDRENS. the guy was working, no wonder parents of the said children were paying for the job done. OTHERWISE LET EVERY BODY THAT WORKS OR I SHOULD SAY EMPLOYED GET JAILED NOW!!

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