Malawi Police says Vagabond law requires modification
The Malawi Police has hinted the need to modify the Rogue and Vagabond law that was recently declared unconstitutional by the high court saying it helps maintain law and order in the country.
National Police Publicist, James Kadadzera said the just abolished rogue and vagabond law deserves immediate modification as some countries around the world have done.
“Yes, though somehow outdated and outlived its lifespan, the rogue and vagabond law has greatly contributed significantly in combating and preventing potential and likely civil and criminal acts across the country,” he said.
Kadedzera added that the law prevented people from simply loitering around along the town and city streets during odd hours which resulted in the reduction of crime.
The law became a bone of contention after a cross section of Malawians including prostitutes argued that the law was being abused by the police who harassed them in the process.
Vagrancy laws have been challenged in many countries citing their vagueness with some countries relaxing the laws though not abolishing them.
Since at least as early as the 1930s, a vagrancy law in America is taken as a misdemeanor, yet it has commonly been used as a pretext to take one into custody for such things as loitering, prostitution, drunkenness, or criminal association.
Similarly, in the United Kingdom (UK), it is an offence for anyone to be homeless or be found begging in the street and one is arrested for the offence.
The High Court in Blantyre on January 10, 2017 ruled Section 184 (1) (c) unconstitutional after it was challenged by a Blantyre vendor who was arrested by police and charged with Rogue and Vagabond.
But our Police just lacks creativity or innovation. Are they sure that vagrancy and vagabond was the only way to ensure that there is security in the country. We need to room to intelligent young men to bring creativity to our police force. Those uneducated officers who make up most of the higher positions should give way because they have nothing to offer. The countries he is mentioning like the USA, UK they are so advanced to just arrest innocent people at night. Infact people walk or move 24 hours including odd hours because they feel protected. In our country how do we reconcile freedom of movement and sucurity. Infact there is no law which says people should not walk around some parts of the day or night. Wake up from your deep slumber and go to work please. Revamp the CID department they should know exactly where criminals are residing where they are planning to attack and thwart such kind of plans in time other than arresting me an innocent person only to release me tomorrow. Don’t make your work simple by rushing to arrest innocent people while you go collect fees/bribes from the hard core criminals who terrorise us. Infact most of our police officers are criminals because we see you befriending, renting out guns, drinking with the criminals.
I’hope kadadzela is the one who benefitted a lot with this law
PRESS STATEMENT ON THE OFFENCE OF ROGUE AND VAGABOND BY THE HIGH COURT
The High Court, sitting as a Constitutional Court, on 10th January 2017 delivered a ruling declaring section 184(1) (C) of the Penal Code, one of the provisions on the offence of ‘being a rogue and vagabond’ to be unconstitutional and thus invalid. In view of this development, members of the public have been asking the Malawi Police Service about the implication of the court’s decision on law enforcement and the provision of safety and security to the citizens of Malawi.
Members of the public are therefore informed that the Malawi Police Service welcomes the decision of the High Court and will fully embrace and respect it. As a law enforcement institution, the Malawi Police Service cannot enforce a law that has been declared invalid by a court of law.
However, it needs to be noted that the offence of being a rogue and vagabond has not been totally abolished. There are other sub sections under section 184 of the Penal Code which police officers may still use if circumstances so require. Likewise, there are other provisions in the law that police officers have been using and will continue to use to ensure that the safety and security of all citizens is protected. Members of the general public are thus assured that the court’s decision will not negatively impact on the safety and security of the citizens.
The Malawi Police Service is committed to ensure that it operates according to human rights standards. The Service is thus willing to constructively engage in a dialogue with concerned human rights organizations and members of the general public in ensuring that the decision of the High Court is fully respected.
SUPT. JAMES KADADZERA
NATIONAL POLICE SPOKESPERSON
There should be nothing like modification but total removal of that law. The Malawi police used that law for selfish interests. There is no way one should be arrested based on your judgement that he is loitering. That is impinging on the right of citizens to stay freely in their own country. You will cry for this law because its one you used to abuse citizens willy nilly. The way forward is also to remove the remaining laws that seem to allow the police harass the citizens for nothing. In Switzerland, the most peaceful country in the world, there is no rogue and vagabond law. Why should you say it will be difficult to maintain law and order as soon as this? What evidence do you have to prove your argument? Unless you tell the nation that you have failed in your duty without this law and the way to go will be to let you go and work where you think this law will be entertained but as Malawians we say no to oppressive laws. Its your duty to make patrols but not just arresting citizens as you wish. That was barbaric. No one can side with you on this call. The nation at large has been calling upon the police to exercise professionalism but you fail to discipline yourselves. To give you such laws as rogue and vagabond is making things worse for arrogant police as Malawi police. Clean your house first.
Next should be kuchosa Ma ROAD BLOCK.Apolice kuphempha too much
Sure we don’t need them. They act as personal revenue collection points for the Police Officers. Ndiye timanva kuti once the Police Officers go back to their stations from the road blocks mabwana awafunsa kuti mwayendako bwanji kuti awapatse ndalama. Criminals
the law was very biased and misused by you officers. you cannot say the law was helping to reduce crime. you deal with someone who is drunk going home to rest leaving out real criminals. someone just dropped from a night bus going home you beat him and arrest. but the ones moving around the streets with cars at late hours you cannot hunt them. there was nonsense in that law human rights violence. if that is the case, why the government grants liquor licence for night clubs if people are not supposed to drink at night and go home? are we supposed to be sleeping at the bar after getting drunk?..in some cases kumachita kugwira anthu panja pa night club. are you catching criminals there or just torchering people? you were taking the law personal and not professional. how can you suspect someone to be a criminal without committing any crime but just because he is wandering about the street at night without validating the grounds why he is moving at that time?..the law was being abused by police officers so worthy to be abolished to maintain human rights
Ndizongofuna Kuziunikila bwino chifukwa apolisi ambiri ndi mbava. Mbale wanga anamugwila atangosika kumene minbus muLimbe akuchokela ku Chipatala cha ku Chiradzulu mma tu 6pm. Anamupondelela pansi ndikumulanda ndalama zonse anali nazo. Mwamwai anatumiza msg ali mndede usike koma apolisi ataona anamulandanso 4n ija osamubwezelanso.
Akakhala mmaluzi ndiye amachita kuyambapo olo 5 koloko madzulo. Apolisi athuwa achuluka chinyengo, nkhaza komanso kusafuna kumumvesesa munthu
THE POLICE CANNOT BE TRUSTED WITH THIS LAW EVEN IF IT IS MODIFIED THEY WILL STILL ABUSE IT
kadadzela unazolowela kubela ndi kuzunza anthu people were arrested not odd hours only. that law was barbaric Malawi is now a free place to live in.now we focus on traffic offences, these have to reduced or even slashed to stop ur corrupt officers
Mwalankhula zanzeru achimwene,,,,inu ndiine tipite kupaliyamenti tikasinthe zimenezi. These traffic officers full of begging and stealing from us while we watch. Madzi ama wiper kungokuthela usanafike kwanu wapalamula mlandu….Kadadzera ndi anzake adyepo basi