Malawi street vendor’s constitutional challenge
A three-member Bench of the High Court of Malawi will today hear arguments on the constitutionality of section 184(1)(c) of the Penal Code. The applicant is a street vendor who was arrested on his way to sell plastic bags. The applicant’s criminal trial was subsequently stayed pending the determination of the constitutional petition he filed, submitting that the offence is outdated and vague.
Furthermore, he claims his rights to dignity, privacy and freedom of movement have been violated.
The Legal Aid Bureau, Centre for Human Rights Education, Advice and Assistance (CHREAA), and Paralegal Advisory Services Institute (Pasi) have been admitted as friends of the court. Pasi submits that the offence also violates the right of access to justice, and the rights of arrested persons. CHREAA submits that the alleged objective of the offence, to prevent crime, is without an evidential basis and that the continued application of the offence in a manner that violates human rights is not proportional to its objective.
The applicant is represented by Mandala Mambulasa while the Attorney-General is represented by Senior State Advocate Apoche Itimu. The amici curiae are represented by Masauko Chamkakala, Fostino Maele and Violet Jumbe.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
