Pay-and-go justice: Sex offender avoids jail with cash payout

A child rights activist has demanded an urgent probe after a court let a man convicted of a child sex offence dodge jail by handing him the option of a K5 million fine instead – branding the ruling “suspicious” and demanding the magistrate be investigated.

Twenty-year-old Jimmy Twisawi was told by the Nkunkhula First Grade Magistrate’s Court in Dowa he could pay K5 million or serve 48 months behind bars, after being convicted of having sex with a minor.

Lumbadzi Police spokesperson Felix Kwinyani confirmed the shock ruling – but no one has explained why cash was on the table at all for a crime this serious.

Furious activist Amos Chibwana blasted the decision, demanding to know how such crimes could end in a fine rather than bars.

“Since when did courts start slapping convicts with serious crimes, such as rape and defilement with fines?” he raged. “Imagine, a defilement case is reduced to a K5 million fine or 48 months IHL, this is ridiculous. The magistrate must be investigated.”

Chibwana said while he understood lower courts had their own sentencing powers, this case screamed out for a proper custodial sentence given the victim’s age.

He’s now calling for tougher, no-nonsense punishment for defilement offenders across the board – warning that letting anyone with deep pockets buy their way out sends the worst possible message to victims and predators alike.

The row is set to reignite fierce debate over soft sentencing in Malawi’s lower courts, with campaigners demanding answers on why cash appears to be trumping justice.