Court suspends case against teen, 18, over relationship with girlfriend, 16

A Malawian court has agreed to temporarily suspend proceedings against an 18-year-old man accused of having sexual relations with his 16-year-old girlfriend, after a sexual and reproductive health rights group intervened, arguing his arrest may breach child protection laws.

The Mwanza Magistrate’s Court decision to pause the case involving Ayatu Alick has been welcomed by the Nyale Institute for Sexual and Reproductive Health Governance, whose lawyer confirmed the organisation had applied for the stay pending guidance from the Chief Justice.

Institute’s lawyer Ralph Mphula explained that the organisation had petitioned the High Court to seek clarity from the Chief Justice on whether the case raises fundamental constitutional questions that must be resolved before criminal proceedings can proceed any further.

Central to the Institute’s argument is the claim that the relationship and any alleged sexual activity between the pair began while both were still minors – meaning Alick’s arrest, which came almost immediately after he turned 18, could amount to a violation of child protection laws designed to shield young people, rather than punish them.

Mphula said the Institute was seeking guidance on whether the relevant legislation should first be reviewed for its constitutionality before any criminal trial can move forward, raising broader questions about how the law treats young couples who begin relationships as minors but face prosecution only after one partner reaches adulthood.

The intervention has been welcomed by human rights campaigners in the area, with Mwanza-based activist Boxten Kudziwe describing the court’s decision to pause proceedings as a positive development.

The case has the potential to set a significant precedent for how Malawi’s justice system handles similar prosecutions involving young couples who cross the threshold into adulthood while still in a relationship that began during their teenage years, with campaigners likely to be watching closely for the High Court’s eventual guidance on the matter.