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.

James Kadadzera

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“Yes, though somehow outdated and outlived its lifespan, the rogue and vagabond law has greatly contributed significantly in combating and preventing potential and likely civil and criminal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 loiteringprostitutiondrunkenness, 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.

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Geoff wa Jeffry
Guest
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… Read more »
mwana wa mayi
Guest

I’hope kadadzela is the one who benefitted a lot with this law

James Kadadzera
Guest
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… Read more »
Mzika
Guest
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… Read more »
yakumbuyo
Guest

Next should be kuchosa Ma ROAD BLOCK.Apolice kuphempha too much

Wanzeru wa kumpoto
Guest

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

patience phiri
Guest
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?… Read more »
Dominic
Guest

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

ARICHO
Guest

THE POLICE CANNOT BE TRUSTED WITH THIS LAW EVEN IF IT IS MODIFIED THEY WILL STILL ABUSE IT

Hon Pwhisi
Guest

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

Hon. Mp
Guest

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

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