Vagabond law ‘drunk and incapacitated’ – Judge Madise

Mzuzu High Court Judge Dingiswayo Madise has criticised the country’s rogue and vagabond law, describing it as “drunk and incapacitated.”

Justice Madise:  The law is problematic
Justice Madise: The law is problematic

He said at Mzuzu University (Mzuni) during a public debate on vagrancy laws organized by the Centre for Human Rights, Education, Advice and Assistance (CHREAA).

Madise who earnestly recommended review of the law argued no law “criminalizes such thing as rogue and vagabond in Malawi.”

He said the laws did not make sense in Malawi’s present “democratic dispensation.”

During the debate which apart from Madise had such other panellists as Northern Region Prisons Chief Mashatini Moyo, Commissioner of Police (Centre) Dr. George Kayinja, Mzuzu City Council CEO Mcloud Kadammnja and rights activist and legal practitioner Chikondi Ngwira, it was revealed that the law was also contributing to the “overcrowding” of the country’s prisons.

According to Moyo, it was better to have the convicts do some sort of “community services” rather than thrown in jail.

But Kayinja was adamant and said the Malawi Police Service (MPS) would “continue enforcing the law” until a thorough judicial review was done.

Lawyer Ngwira appealed to parliament for the “speedy” review of vagrancy laws.

CHREAA is holding the debate across the country to raise awareness on the same. The Mzuni debate, broadcast live on Zodiak Broadcasting Station, was the second of the series.

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wika
wika
5 years ago

apolice amakonda vagabond chifukwa ndi njira yapafupi imene amatha kugonana/kugwiririra mahule omwe amawakana. komanso ndi njira imodzi yomwe amapezela ndalama mwachinyengo kuchokela kwa azibambo omwe awamana mowa

malawi
malawi
5 years ago

THEN WHY DOES THIS LAW ONLY AFFECT PEOPLE ON FOOT,AVE NEVER HEAD SOMEONE BEING ARRESTED FOR BREAKING THIS LAW WHILE DRIVING,THEN IT SHOULD READ WALKING AND VAGABOND

nzeru zanga zathera pano

Will keep on following the rules pali zolzolinga palamulo

Peter Muthanyula
Peter Muthanyula
5 years ago

Dr Kayinja kulankhula ngati bulutu bwanji?

Chanco graduate
Chanco graduate
5 years ago

Mr I miss Kamuzu Banda or whatever ur name is.. understand wat the learned Judge z sayn.. “drunk n incapacitated” is just a figure of speech.. he means that its illogical n doesn’t work in this democratic dispensation.. kumavetsa zithu abale..

i miss kamuzu banda and john tembo
i miss kamuzu banda and john tembo
5 years ago

forgive me but i tend to scrutinise things to the very finest of details. you know how engineers are… what’s the relevance of the term ‘drunk and incapacitated’ to this story? if it is, as you say, just a figure of speach, then what is he trying to say? is he calling the law itself ‘drunk and incapacitated’, is he reterming the rogue and vagabond charge as drunk and incapacitated, or even still, is he saying the founding fathers that drafted the law were drunk and incapacitated? personally, i think a more useful imput would be to put in place… Read more »

Weldon
5 years ago

If the law is to be applied in a fair manner then its high time that witches and wizards have to be arrested too. kkkkkkkkkkkkkk

Mbuya
Mbuya
5 years ago

Convict Guta first

Yokwiya
Yokwiya
5 years ago

Why force me to sleep. If I want to take a stroll at night, why shouldn’t I? I wish our towns were active until midnight. People should be able to do what they like at night. The police should only be there to check on crime. Those who commit crime should be the ones to be arrested. The police only target pedestrians. Whats so special about those who drive cars?This piece of law should really be abolished.

Chisomo
Chisomo
5 years ago

Removing this law can be disastrous to our own security. I believe the Law prohibits the movement of criminal s during odd hours. Of concern is how some law enforcers abuse it in order to make quick money. In Ndirande authorities should follow how it is being abused.

i miss kamuzu banda and john tembo
i miss kamuzu banda and john tembo
5 years ago

oh dear, chanco lawyers at it again. drunk and incapacitated???? so what do you charge a miscreant that’s roaming the streets at 3:00 am but is cleary sober? and doesn’t incapacitated mean ‘unable to move/function using ones own strength?’

i’m no lawyer but if i’m sober and using my own energy to walk, how will you charge me with ‘drunk and incapacitated?’ i thought english was taught at chanco?

i’d rather you focus your time on fixing the laws concerning section 65, the mining, corruption etc etc….

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