The Second Grade Magistrate Court in Machinga sentenced the appellant to nine months’ imprisonment for the offence of negligently doing an act likely to spread a dangerous disease contrary to Section 192 of the Penal Code when she breastfed another woman’s infant while under treatment for HIV.
A Fourth Grade Magistrate convicted the appellant and 18 other women for knowingly living on prostitution earnings, a misdemeanor that carries a maximum sentence of 24 months in prison. In Malawi, Fourth Grade Magistrates’ jurisdiction is limited to cases in which the maximum sentence is 12 months. This jurisdictional limit was the appellants’ first ground of appeal.
On February 23, 2016, 19 women were arrested by police and jointly charged “for the offence of living on the earnings of prostitution” in violation of § 146 of the Penal Code of Malawi (the “Penal Code”) ( ¶ 1.1). A Fourth Grade Magistrate in Dedza convicted them “on their own plea of guilt” and fined them MK 7,000.00 each (¶ 1.2). The police lacked evidence to prove the charge against them. In addition, the women did not have legal representation during the proceedings, including when their guilty plea was recorded.
