Malawi court frees man who slashed fingers of boyfriend to ex-wife

The Balaka Second Grade Magistrate Court has set free a 34-year-old man who allegedly chopped off his friend’s fingers.

Madalitso Bakisoni; In pain after being chopped off fingers.J

Madalitso Bakisoni; In pain after being chopped off fingers.J

Police Prosecutor Constable Kester Mame told the court that Patrick Minandi 34, unlawfully chopped three fingers of Madalitso Bakisoni last October with a panga knife when he went to visit his girlfriend who was an ex-wife to Mame.

Minandi pleaded not guilty to the charge of grievous harm which is contrary to section 238 of the Penal code a development that forced the Police to parade three witnesses including the investigator Detective Inspector Cecilia Matako and lady in question Alefa Mahata.

They all openly told the court that the suspect was her ex-husband and after he divorced her, the lady fell in love with the victim but when the suspect noted that the lady has found another man, he started pleading with her for re-union.

The witnesses told the court that the day when Bakisoni visited his girlfriend, Minandi who was armed with a panga knife, found the two charting outside the house and wounded the victim, in the process chopping off thre of his fingers.

The victim was rushed to Nkaya Health Centre and he was referred to Balaka District Hospital where he was admitted for two weeks.

Second Grade Magistrate Maxwell Boaz found the suspect with a case to answer and he paraded one defense witness . However, the court dismissed the evidence saying “the defense witness was giving a false testimony.”

In his submission before judgment, Prosecutor Constable Kester Mame  asked the court to consider giving the suspect a stiffer sentence. He said the victim sustained a permanent disfigurement as he completely lost three fingers.

“The suspect depends on piece works and the chopping off of his fingers means that he will not be able to work as he used to do; and that the victim is still in great pain as the remaining two fingers have open wounds,” said Constable Mame.

He therefore said the suspect deserves a stiffer sentence considering the seriousness of the offence which attracts a maximum sentence of fourteen years imprisonment with hard labour.

In mitigation, the suspect asked for leniency saying he is a first offender and has children to look after.

Passing judgment, Second Grade Magistrate Maxwell Boaz said the state proved the case beyond reasonable doubt that the suspect really committed the offence; but considering the statement of the suspect which said the lady in question was his wife, the court found that the victim was to blame for going out with a married lady and then discharged the suspect (set him free) under section 337 of Criminal Procedure and Evidence Code.

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95 thoughts on “Malawi court frees man who slashed fingers of boyfriend to ex-wife”

  1. Mavuto Pwiya~pwiya says:

    Zoona, Anyamata alero amafuna kunyenga azikazi aweni kusokoneza mabanja aweni pamenepo anagamula muchilungamo ndizovuta zedi kupeza mkazi wako ali ndi wina mutu biiii! Umuluphira zedi. Anyamata Inu funsilani mkazi yemwe alibe mamuna, azimai ndi ambiri alibe azimuna.

  2. Tengupenya says:

    Was the claimed divorce not proven???? If not, was the grievous bodily harm warranted by the chatting with the lady?? The victim should appeal. The court was being moralist here…

  3. RoyK says:

    good judgement indeed. dont go for other pipo’s spouses; married or separated, uzafera gunkha.

    kodulidwa zalako kakuoneka ngati kokwatila kale ndiyenso kamazembera mkazi wakenso

  4. daneck Masoka says:

    Yes of course the victim was wrong having an affair with undivorsed woman,the husband still deserve alittle punishment for putting the victimized disability which wil affect his day to day lifetime until death. Why did the judge skip this?

  5. Mswazi says:

    Muzikhapidwa choncho inu onyenga akazi aweni mxiiii. U make the husband lose temper, katundu ameneuja siogawana mwachisawawa muferapo. Zala zitatu zokha? Amayenela kuphedwa kumene!

  6. del horno says:

    poor judgement indeed…oweruza akutiphuzitsa ndikutilimbikitsa kuphwanya malamulo…no matter the circumstance but the chopper was supposed to punished backed by the law. ..anthu azingophana basi oweruza azingoti amayenda ndi mkazi wamwini uyu zake

  7. xyz says:

    Akadamupha, could he receive the same judgement?

  8. Jijo says:

    ku Malawi Always ziphuphu basi.

  9. Chambang'ondo says:

    Your worship Boaz. I salute you sir. This is the very best of judgments I ever heard. The procedure should be followed. Banja limathela ku khothi other wise she was still married. A Malawi chonde si onse olakwitsa amene ndiwolakwa. Bravo bwana Maxwell Boaz!!!

  10. The "me" says:

    This story is parading my whole inteligency,
    1, kutha kwabanja amakuvomereza kukhothi basi kapena mboni zitatu achibale kapena ankhoswe ose ochokera mbali zose.

    2, pa nkhaniyi padalibe umboni womveka bwino wosonyezadi kuti banja idatha,

    3, judge sadalikwise amalawi tiphunzire kusata ndikuwaziwa malamulo a mmene tingakhalire

    4, conclusion, mkaziyo panopa asankha ndani woduka zalayo kapena wankhanzayo?

  11. Shymantis says:

    After divorce, the woman did not take long to find another man, thats why the ex became furous. Akazi, learn to wait for sometime, phuma ai ndi zimenezotu.

  12. Jackson mzoza says:

    Ya pamenepo a acourt mwagumumula molondora becouse akaziwa amayelekedwa mabanjamu ndi tizibwezi tanseri now is time ku zala zawachibwana zidulidwe.nkhani imeneyi yandinkhudza coz zilichimodzimodzi penapake

  13. Chis Neba says:

    I think judge was bribed or related to the ofender

  14. Fred says:

    Ukwati sumatha ngati chibwezi kwina kumakhala kupatsana lession not really divorce amuna enanu mumayejeza baja la mzanu likangovuta pang’ono mwayamba kale kumufusira mkaziyo

  15. Lucudf? says:

    crime is crime.. you judges even talk of not taking the law into our own hands as the chopper in this case! which is which? u r now telling us to use whatever means if its against us..right..chop their fingers…and you are free ..no crime!

  16. Jk says:

    Oweluza or judge chigamulo chanu ndichowona komaso sichowona chifukwa mwamuna watsopanoyo nkutheka kuti anali chifukwa kuti awiliwo alekane koma iyeyo mukanampatsa kachilango olo kochepa chifukwa anaphwanya lamulo povulaza mwamuna mzakeyo kaya mwina anakunyemelani

  17. The Most Concerned says:

    Even 1 hour custodial sentence would mean a lot, koma mpaka kumutaya ulere?

  18. TrueFact says:

    Mlandu ya amphawi ife imathera chonchi. Koma akadakhala kuti the victim ndi auje olemera aja I’m sure this wouldn’t have been the court’s decision. Munthuyu clearly lost his fingers regardless of the circumstances. So what evidence are you talking about? Even atakhala kuti the victim was going out with a married woman, is this how the court was supposed to judge? How different is this from mod justice? Essentially you’re telling people that if they find someone going out with their spouse (or ex in this case) they are free to gravely wound him/her? Are we condoning assault on others? Where has the NOT GUITY UNTIL FOUND GUILTY BY THE COURT gone? Where has justice gone? Tili mmasiku otsilizadi where the justice system will be skewed.

  19. Ndaona says:

    Kodi banja lakutha limayenera kukhala ndi zizindikiro zanji? Nanga amaiwa anaonetsa makalata oti banjalo linatha? Komaso kodi mkazi akapezeka ndi mwamuna wina ngofunika kunkakamiraso? Chabwino poti mwaweruza koma eehh winayu waluza kaya banjalo amayiwa alolaso kubwererana kaya aziona.

  20. Kwandithendithe says:

    So,the woman was ex wife of Patrick Minandi as well as ex wife of Constanble Kester Mame according to the story or was it slip of the pen?

  21. Greencardless Malawian says:

    Kodi ndiye kuti amanja akatha tizingophanapo kuti tizidziteteza ku ma ex-partners a nsanje?

  22. Koma kumeneko aliyense one da ndi nkazi wanzake ofuna akapezeka tizilanga tokha.

  23. TATI says:

    Ma judge aku Nyasaland!! ex-wife it means he divorced and you wanted the woman kuazingosunga

  24. Mrs chibisa says:

    Amunawa ndiakhaza amaona kuti akatisiya anthu ena asatifunenso tikhale osakwatiwa amafunanso kuti azitiona tikumvutika.

  25. odala says:

    No way this man could be set free, without any conciction, what a poor judgement

  26. Magolizoo says:

    Good judgement,I wish u were the only judge in the whole world,anthu enawa atengelepo phuzilo posathamangira akazi a eni akangova kut asiyana uku,

  27. kamfana says:

    Koma kuvalzako simulandu?Timapeza wakuba ali ndi chinthu m’manja,kumuvulaza,amakaimbanso mlandu yemwe anamuvulazayo.Nanga apa bwanji?Inde mkaziyo mwati adalibe wao,koma kuvulazako bwanji?

  28. it’s either the journalist misinformed us or the magistrate was under the influence of drugs when passing the judging
    nothing is adding up at all

  29. langson says:

    ndiye mkuluyu akapitanso kujaku akamudulanso zala zina

  30. aunt kanene says:

    ITs bad news

  31. God First says:

    Wawuuu! Justice has been manipulated here. The victim was going out with a divorced woman who was single by then, and the x-husband was trying to reconcile in order to come back. So how can the judgement be so cruel like this? I feel sorry for the victim who to me is innocent and was looking for a spouse then. May God remain the genuine judge; sinners to hell and genuine worshippers to everlasting life.

  32. David says:

    Good one, why falling in love with a married woman? He will never go out with a married woman again, he has learnt a lesson. I wish this can happen to the pastors of today. They like this kind of behaviour in the name of God.

  33. Kho Nankhumwa says:

    What a bizzarre ruling!

  34. GONANI says:

    My understanding is that the suspect had divorced the lady. When people are divorced it simply means that they are no longer wife and husband. So why is the court basing the judgement on the fact that the woman was the suspect’s wife?

    Very poor judgement – Perhaps the judge’s credential need to be checked. They might be fake.

  35. mwiithotho says:

    He can appeal. That’s justice

  36. Munthu - The Citizen says:

    kkkkkkkkk! When the whole magistrate can’t understand the meaning of divorce; it’s a sign of a big problem in our education system. And why should mob justice be condoned anyway? Why should we have courts that are there to serve crooks and not the righteous and just? Poor magistrate!

  37. m'ngoni wa kwa maseko says:

    A mere clerk masquerading like a magistrate,,,,,what a laughable ruling

  38. Fletcher Thyolamwendo says:

    Onyenga akazi aeni muchenjere mufera za eni

  39. Atokwe says:

    This what we call justice.The lady should produce the divorce certificate before the court to prove their claim otherwise she is still married. Bravo! kusukulu munapita a judge.

  40. kanyimbi says:

    Was the chopped man married? Has he ever married before? If he is married why going for another woman? If not married why can’t you go for girls of your age? Please beware of other peoples wives. You can die young now see you will live with seven fingers. Next time he will chop off your manhood.

  41. Zinhlebe says:

    so the courts are condoning one to take the law into their own’s hands right?

  42. cage mndala says:

    imeneyo ikhale the newly marriage bill !!! koma ndiye ilibwinotu !!! wina ndiye ndimamukhumba kale !! undisamale mphwanga !!!

  43. My Hapharzad Government says:

    Second grade Magistrate Court delivering a judgment which must me in grade 199. was the defence provocation or what? Can that be a defence. Surely the High Court must call not only for that file but all the files this Magistrate has handlled in the recent past. Am afraid justice must have ben miscarried not only for this case but for alot others too.

  44. Guley says:

    Mpemba law school

  45. Balaka West Judge says:

    kawirikawiri mamuna okwatira nkazi yemwe wathetsa banja lake amakhala amene wapangitsa kuti banja lisokonekere mpaka kutha ndicholinga chomufuna nkaziyo. Amuna otere amakhala opusa mmaganizo komanso ozikayikira mwawokha. Sanalakwitse uyo oweruza mulandu pomutulutsa ovulaza mzakeyo. Oweruza milandu amakhala anthu ozindikira kwambiri ngakhale atanva umboni ochuluka wabodza komabe amatsatira chilungamo through both experience and psychology. Anakuchitani bwino bambo pokukhapani mwinanso anachepetsa chilangocho. Chilango chachikulu mukakumana nacho pamaso pa Mulungu chifukwa chothetsa banja lomwe mzanu analiyamba yekha motsogozedwa ndi Mulungu mwiniwake.

  46. alekekuba says:

    Komatu maiwa asamusiye bambo oduka dzalayo. Winayo aphulike kumene

  47. ggggggg says:

    H e should appeal or go to high court for justice kudula dzala 3 ee too bad

  48. Jelbin mk says:

    Do we have courts in Malawi???? A no we don’t have any competent one, does this court want to tell us that once a woman is divorced she does still owe allegiance to the former husband and that the she is still bound to the restrictions of her former lover??? If this is the case then after divorce women will remain unmarried which is totally against their rights of which the courts should be promoting. May be Nyasa times did not put it straight to us in this article because it has so many discrepancies to understand the writer did not take his precious time to conjunct the story but if it is the way it is written here then we have a long way to go to getting where justice resides and the judge then has goofed big time. If the state is interested in promotion of justice I expect it to appeal this case to the supreme court where I have no doubt that the ruling will be overturned because understand any circumstances no one is allowed to take the law of punishing anyone into his/her own hands.

  49. Think-tank says:

    The lay magistrate has really demonstrated his lack of knowledge of the law. Do you discharge an accused with a case to answer? This really brings disgrace to judiciary

  50. Kavuluvulu says:

    Is that justice ?

  51. Mgawadere says:

    Kupisapisa taonani akudula nazo zala akulu apa ndiye mupanga bwanji kaya

  52. Kharupa says:

    If this chopped man fucked this woman before she was formally divorced then shauli yake. But if the lady was divorced, then the judgement is erronious.

  53. mashanie says:

    The case needs appeal, magistrate wadya zaeni uyu.

  54. GooNgayikosya says:

    Aha! ok,eyah,ukamupezelera akuteketa katundu sinja,potokola,finya,iswa ndi mpini,mkoke zakezo section 337 ikuteteza

  55. katundu uja anabisidwa kwambiri, ndiye munthu ukangomuona siufuna kuti winanaso adzapaone. Ndi nsanje ya tambala iyi.

  56. apundi says says:

    kkkkkkkkkkkkkkk azibambo mumaaon ngati mukasiya mkazi ndiye kuti wathera pompo ayiii. ena amakhala akumusiliratuuuuu

  57. sajiwa Banda says:

    its part of life. ask God when you want a wife to marry.

  58. fomboni al hilal says:

    Oweluza uyu mukumuti Boaz ndiwachinyengo. Apa zikuwonekelatu kuti akulu amene anantchetcha mzawo dzalawa amupatsa ndalama zambili magistrate Maxwell Boaz. Nkhani ikuti chikwati chinatha, koma mkuluyu atawona kuti mkanziyu wapeza mwamuna wina anayamba kufuna kuti abwerelane. Tsopano wakhalanso mkazi wamwini bwanji? Komanso ngakhale atakhala kuti ndi mkazi wa mwini malamulo sakumulora kuweluza yekha. Apa muthuyu anatenga malamulo ndikuyika mmanja mwake omwenso ndimulandu.komanso nkhaniyi siikuti anagwira akupanga chigololo ayi koma anawapeza akucheza. Inu akulu akulu azamakhothi chonde mfufuzeni bwino magistrate ameneyu. Kumeneku sikuweluza kwa nkhani ichi ndi chinyengo.

  59. Screw face says:

    This is a very funny judgment.

  60. Omex70 says:

    This is unfair judgement.

  61. masache says:

    Katundu uja kumakhala kovuta kumusiya especially when your children came through.

  62. Mzimba Solola says:

    God is the only righteous judge this is very sad. Given a chance Madalitso should fight for an appeal. Mr. reporter, point of correction the girlfriend was an ex wife to Minandi not Mame as you have writen in your first paragraph. Mame is a Prosecutor.

  63. amina says:

    Ngati ukwati unatha but why should the Judge be linient on this person. He has disfigured his friend and is he going to take care of this person. This is sad, something should be done here. Reading the above the said woman says it was over with this guy and why should he behave like this. Is he the only person needing to be protection. The other guy needs protection too. The judge should think of his judgement and these are the judges who let free criminals like this one. Next he is going to terrorise people and tell them I did this and that. Judge ameneyu sanazione izi kwao, next it will be his close relative in such a fix kaya azatani anzao akunena chimodzimodzi ngati zimene achita apa. Shame on this learned judge.

  64. Katundumadzi says:

    Good judge. But consider opening case for the ex-wife because she is the one who caused all this. . Why going out with other men before marriage dissolution. Uhuletu uwooooooooooooooooooooo!!!!!!!!!!!!!!!!!

  65. Guys how can you fighting for why?Lol!beautiful leadies are still born shame guys.

  66. Zikutanthauza kuti munthu in this condition ali ndi ufulu opeleka chilango?

    Judge wadyapo apa !!!

  67. o-deal-o and loot-epo says:

    chanco judges at it again. does i mean there was no offence committed? grevious bodily harm bwa?

  68. Ny says:

    Illicit relations have such impacts, this isnt strange to pple who are wise.. I cant sympathise, infact you somehow deserve this, repent.

  69. Ingwenyama. says:

    Nanu azimayi muzionesesa kuti banja lathadi completely chifukwa m’mene ziliri apa nkuti walumalisa mwana wa eni ake koma mwamunayo sakutengaso wasopanoyo azipanga mantha enanso azipangaso mantha kukufunsira. Shaaaaa! Malamulo ngovuta eti.

  70. dhuah says:

    This is mob justice

  71. Chaula says:

    My Blood pressure

  72. Really,nt evn giving him amonth in custody,our courts r indeed adisgrace,ths tym hewll chop off someones manhood knowing hewll go scotfree,

  73. chikadya says:

    Ameneyo wadyapo ndalama pamenepa magistrate aphetsa anthu ameneyo. magazi ndi magazi basi

  74. Hanif Abeck says:

    If it is really true that the marriage was not terminated,the learned judge was right to acquit the suspect,he has no case to answer,I like the judgement.

  75. Jimmy juga says:

    A judge amenewa afuna atiphunzitse chani? Pamene walakwilidwa munthu ali ndi mphavu yotenga malamulo manja mwake mkupeleka chilango. Ngakhale amene a judge akuti ndi mwini mkazi akanati sanamuchotse zala wabwela kuzadandaula ku court mukuganiza mukanagamula kuti achosedwe zala zitatu? Mwapeleka chitsanzo choipa kwa anthu akumudzi. Wodandaula pita ku court ukadandaulenso chilungamo uchipeza. Chimenecho ndi chigawenga chipite ku ndende. Judge wochititsa manyazi .bola ukanamuchepesela masiku okhala ndende.

  76. the councillor says:

    mockery of justice.

  77. Julie says:

    The judgement is somehow wrong, even though the wife belongs to the suspect, the issue, he commited a crime by choping off the three fingers. The woman has the freedom to associate with any body. There is a crime, and a serious one.

  78. Aganya says:

    kodi si mwati ukwati unatha mwamuna ndi mayiyo? That means the lady was a free person. Nde mwampanga release bwanjinso? Ok, nanga mkaziyo akuti chani?

    Magistrate akudziwana ndi chigawengacho!

  79. titus Scoti says:

    Koma malamulo! Wodula zala mzake discharged (wash out)? Akuti banja liripobe? Azibambo chenjerani asamakunamizeni kuti banja latha, demand divorce certificate for you to be safe.

  80. CHILEKWA says:

    MALAMULO KULIBE KU MALAWI

  81. peter says:

    I dont understand clearly,was it just relationshp or mariage previously?

  82. Ian says:

    Chilungamo chidathadi kale. On other hand our court is encouraging unlawful wounding for Lovers.

  83. mtichimwitsa says:

    A court mwachita za uchitsiru

  84. honourable says:

    Magistrate wapatsidwa ndalama kunena zoona, ndinaziona ndekha ma magistrate akusiya mbava kwa matapila court in lumbadzi after his relatives bribed thru a police prosecutor from kanengo police.

  85. Lolo says:

    MEN their are many women surrounding us cnt we jst establish our relationshp wit unmarried women and make a normal living WATCHOUT GUYS

  86. BBC says:

    This must be a joke. So what message did this magistrate send to would be offenders? There is no logic at all.

  87. Paul says:

    Our courts are a shame. How can you pass that silly judgement? You will regret if you pocketed something!

  88. Nanga ntani says:

    Lunga lunga n’kubadwa, chilema chichita kuza.

  89. ophaniel kumwenda says:

    married kkkkkkk zovuta izi

  90. GRM says:

    Hey? What judgement is this? Can one help me understand the judge?

  91. cbk says:

    kodi panatha miyezi ingati utatha ukwatiwo?nde kuti ukwati ukatha kumalondana?kapena anangonyanyalizana?kapena nkuluyi anatengapo mbali kutha kwa ukwati wa nzakeyu?anthu tizilangano tokha?kuteloku akanakhala nkazi wavulala bwenzi mamuna atamangidwa?eish.

  92. Juddaist says:

    I find this judgement wanting on several grounds. Wounding someone can have justification and be defended in case of ‘self defence’. However, the same can and should not be defended on the basis of ones relationship to the victim or the offender. In essence, what this judgement means is that the offender (and ofcourse everyone else in similar situation) is free to injure anyone who falls in love with his ‘wife’. The court should have further proved if the marriage was still in existence. With a proper retrial or appeal, this case can be argued, defended and won successfully.

  93. Ziyenda says:

    Eeeeeee wazionatu uyu kumafunsa ukamva kuti panali wina zitaye uyang’ane zina zina,malo aja ndinkhani inanso.

  94. Jennifer Msiyeni says:

    Katundu uja ndi ovuta amakupwetekabe mtima ngakhale chibwenzi chinatha.Madzi saiwala khwawa.Kumasamala abale even though the jealousy ex boyfriend was not supposed to do his friend.Mwina amangocheza.

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