Malawi court imprison 4 people over albino bones: 4 years IHL
Four people who were recently convicted of being found in possession of human bones suspected to be of a person living with albinism, have been slapped with jail sentence by the Zomba Principal Resident Magistrate Court seating at Phalombe on Friday.
The court has sentenced the four- a woman and three men- to four years imprisonment with hard labour each. The accused were last month convicted by the court after pleading guilty to the charge of Prohibition of Sale of Body or Tissue contrary to Section 16 of the Anatomy Act.
Phalombe police arrested the four namely; Starford Chimenya,45, Kondwani Patrick, 38, Rose Kumpama, 39, and a Mozambican citizen Petro Jezemani, 33, on Monday night of 4th January, 2016 following a tip-off from a businessman the suspects had approached to sell the bones.
They were offering the said human bones for sale to a local businessman at Mitekete trading in the district.
On Friday, Principal Resident Magistrate Gift Dorothy Makanje slapped the four with custodial sentence, saying the offence committed was very serious considering the rise in incidences of albino attacks.
The magistrate observed that being a person with albinism in Malawi has become a challenge because of the behaviour of people like the four.
She, however, said she had considered the fact that they were first offenders and that they pleaded guilty to the charge thereby saving the court’s time.
The bones, which are eight in number, were certified by medical practitioners from Phalombe Health Centre to be of a human being.
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I saw this in Zambia in 1970s and I believe the practice occurs in Tanzania, but how can Malawians treat their own people like this, just because of an affliction that is already making their lives difficult?! Education and harsh punishments are the only solutions to this problem, but I doubt it will reach the ignorant who practise this inhumane abuse of the innocent. Sad!
15 years sentence would have been better than just 4 years because these people are a threat to the society.
Indeed the ruling is very poor. Only 4 years what is that? This ruling by principal resident magistrate Gift Dolothy Makanje is so lacking. I have no single respect remaining for you Makanje. Maybe you are related to some of these wizards and a witch.
What has penetrated into our hearts these days in our once God- fearing Malawi? Has it to do with the present brutal economic slump?Or because of the jungle laws in effect in Malawi.? What we must know is that Albino is a human being with red-blood like every human being .What has made the change of their colour is the lack of colouring matter in the body.We must all standup defend and protect our brothers in God.By all means,the government has unwavering tools to halt this barbaric practice that has become prevalent in our country these days.Again,this proves that the Muthalika government and his useless boot lickers have failed to run democratic and civilized establishments.May God the Almighty put the souls of our brothers and sisters in eternal life,AMEN !!!
Uyu ndiye fodya sopano zaka four zokha bas kupusa et mmmmxh
But thats very lenient indeed and why?Even though they are first offenders but the case which they are answering is too big.Four years only and yet alone somebody has lost a life here.I believe this judgement shall be overturned one day.Malawi for sale basi.
The magistrate is to say the least an acomplice. Crime has triumphed over justice. How can you sentence these criminals with only 4 years? Is this deterrent enough? I have seenit! Possibly you are the same person sending these heartless folks on these evil errands.
Nkhani zotelez zikutionongela dzina muno muliyenda.thats a murder case;
Zaka zachepa payenda diru
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This idea of “first offender” and “pleading guilty hence not wasting courts time” is nonsensical and miscarriage of justice.
You see, we all know or have an idea of the consequence (s) of our actions and if we go on engaging ourselves in such activities/actions, it means we are ready for the consequences.
It should be known that more often than not; a plea of guilt is just a realisation (by the accused) that he/she was caught in flagrante delicto (in the very act of commiting the crime) and therefore haven’t enough weapons in their arsenal to defend themselves with. It is therefore, non sequita, nonsensical and very unprofessional for any judge in their right mind to attach leniency to their judgement on such realisation.
Also, an eagle’s eye shows that wasting courts’ time is a function of many factors, laziness of the judge being major. Thus, wasting or saving courts’ time is irrelevant (whether the accused pleads guilty or not), if the judge is lazy or incompetent hence keeps adjourning the case. The converse is also true.
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In the same vein, the law that propagates leniency on first offenders is equally inane and nonsensical.
. . . Who doesnt know that there is always first time for everything? even commiting such most heinous crimes as defiling a two-month old and infecting her with HIV?
. . . Should one be shown leniency when convicted of murder just because it was their first time?, even when the crime was staged hence deliberate? This is 5-star nonsense!
In short, the gravity of the case at hand and intention, should be used to determine the severity of punishment, regaldless of whether the accused pleads guilty or not; and whether they are first or second or multi-offenders.
Truth is, these bastards waving us bones here, have the propensity to kill an albino for want of bones. As such, should have been given the stiffest of punishments, regardless.
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Rose zamanyazi kwa anzako tonse watsogolera zoipa kudera lathu
anthuwa, akusowa ndalama kapena chichani?Their forgeting that msted of seeking money,theirhave to say who we re.udindo wawo ngati munthu,antel deeg down.
Only 4yrs why?!
Very poor ruling. What is 4 yrs? Money has exchanged hands here. Incompetent Malawian courts.