Street beggars in court, wants law to stop criminalizing begging: “Its violating our right to economic activity”

The Constitutional Court has today adjourned to June 6, 2024, a case in which some people who beg in the streets of Blantyre are challenging Section 180 (b) of the Penal Code which criminalises begging. The adjournment follows failure by the attorney general’s office to file their case documents.

The case involves 12 applicants who were arrested on 11th April 2017 at diverse places in the commercial city. They were charged and convicted of the offence of idle and disorderly under Section 180(b) of the Penal Code. They now challenge the constitutionality of the offence, arguing that it violates their constitutional right to dignity, economic activity and equality.

Human rights defenders argue that arresting people using this law promotes discrimination and criminalise poverty. In 2022, the High Court in Zomba also ordered Parliament to review such offences within 48 months.

The case is being supported by Southern Africa Litigation Centre SALC and Center for Human Rights Education, Advice and Assistance (CHREAA).

 

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