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Malawi

R. v. Yusuf Willy (Criminal Review No. 6 of 2021/Criminal Case No. 183 of 2021)

The defendant was charged the defilement of the complainant, a 17-year-old girl. In his defence, the accused claimed that he could not get an erection (albeit, apparently, only after the magistrate raised the question himself). During the proceedings, a woman stood up in court and volunteered to ascertain whether the accused could obtain an erection.

Rampi v. Rampi

The applicant was separated in her marriage and sought to regain custody of the child she had lost to her husband, the respondent. A lower court granted the respondent custody of the child on the grounds that he had paid lobola to marry the applicant and customary law therefore entitled him to the child. After delaying to comply with the court’s order and attempting to seek relief from another court, the applicant was found guilty of contempt for fighting to keep her child. She was sentenced to five working days in civil prison.

Republic v Nambazo & Ors.

The murder in this case stemmed from the defendants’ claim that one of them was the rightful heir to the Thombozi chieftaincy rather than the murder victim and her successors. The four men were charged with murder for cutting and striking the woman’s head with panga knives (machete) and a hoe repeatedly until she died. The victim was seated amongst her colleagues in front of the village court, as was customary for the group of women, when the defendants, from a nearby village, approached the group and asserted that they owned the court.

Republic v. Chiledzelere

The accused was convicted of attempted rape and sentenced to five years imprisonment with hard labor for accosting the complainant and assaulting her with the intent to have intercourse with her before he was prevented from doing so by the arrival of the witness.

Republic v. Hwangwa

The appellant was convicted of defiling a 12-year-old girl and appealed the conviction on the grounds that the intercourse was consensual and that he believed the complainant was older than 12 years at the time. The Court dismissed the appeal and noted that the evidence was sufficient to prove a lack of consent but also that, at 12 years old, the complainant was too young to give consent.

Republic v. Mzungu

The appellant was charged with defilement for having unlawful carnal knowledge of a girl under 13 years of age. The trial court convicted him of indecent assault because there was no penetration. He appealed his conviction for indecent assault because it was not included in the original charge. He also argued that his sentence was excessive.

Republic v. Peter

The appellant was found guilty of defiling a girl under 13 years of age and appealed on the grounds that the sentence is excessive and that his taking care of his grandparents should be considered as a mitigating factor. The complainant had since been diagnosed with a sexually transmitted infection and medical examinations revealed multiple instances of sexual abuse.

S v The Inspector of Police & Others; Ex-parte MM and Others

Members of the Malawi Police Service assaulted, raped, and physically and emotionally abused 18 women and girls while on duty following the death of the police superintendent. Their victims, the plaintiffs, asked the High Court to review the Inspector General of Police for failing to control and investigate the officers. The plaintiffs asserted that their constitutional rights to not be subjected to torture, cruel, inhumane, and degrading punishments were violated by the officers and Inspector General.

S v. Jana Gonani

The defendant, a transgender female sex worker, was charged with two counts of false representation with the intent to defraud after she offered her sexual services to two men and then took their phones. She was additionally charged with one count of committing an unnatural offense because she had sex with one of the men. The court found the defendant guilty of falsely representing herself because she propositioned the two witnesses for sex while presenting as a woman but possessed male genitalia.

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