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Molowi usinO outdoted low

on rogue ond'vogobondwhose organisation was alsopart of tlre research, stressedthe need to review some archaiclaws which she said are not intandem with the modern times.

"The Penal Code provisionson rogue andvagabond date backto the English vagrancy lawsof orevious centuries and thevare^ o,.rt of step in the moderitconstitutional democracy likeMalawi," said Meerkotter.

Deoutv Dean of Law atChantefl'or College ChikosaBanda said enforcement of thelaw is subjective.

"That liw has got problemsbecause every susPect ispresumed innocent andguaranteed human rights,including the right to freedomof movement.

"The fact that you have beenseen somewhere loitering arounddoes not in itself mean that youhave committed an offence. Itmieht lead to a suspicion thatvo,i t ru" committed'an offence,but then why should one bearrested on suspicion?" askedBanda.

Minister of Justice andConstitutional Affairs RalPhKasambara welcomed thefindings of the research, sayingthey offer an opportunity toamend the country's practices.

Section 184 (C) of the PenalCode decsribes a rogue abdvagabondas everyperson found

under such circumstances as Blead to the condusion that srdperson is there for an illegal aiisorderly puprpose.-Me"x.+

& Centre for Human Rightsffiffi Education, Advice andffiAssistance (Chreaa)recent study has revealed thatthere is massive abuse of theoutdated provisions in the PenalCode on rogue and vagabond.

Presenting the study findingsin Lilongwe on Tuesday,Chreaa executive directorVictor Mhango said the studyidentified gaps in the law andthat the poor and marginalisedgroups such as prostitutes havebeen unfairly targeted.

"The harsh effects of minornuisance-related offences arefelt most by the poor, who areunfairly targeted by these lawsand who do not have easy accessto legal representation andfamily resources once arrested,"said Mhango.

The research was aimed atascertaining the extent ofpoliceenforcement of the rogue aridvagabond law and it focused onthe arrest practices of Blantyreand Limbe police stationsand included interviews withmagistrates, police officers andsex workers.

Mhango said there is need torevisit the Penal Code or trainthe law enforcers on how toimolement it.

iroject lawyer for SouthernAfrican Litigation Centre(SALC), Anneke Meerkotter,

in or upon or near any premisesor any road or highway or anyplace adjacent thereto or in anypublic place at such time and

Mhango: Need to revisit the Penal Code

MEC to engoge troditionol leodersCAROLYN KAMANGAMer-nwt Npws Acrucv

The Malawi ElectoralCommission (MEC) willengage traditional leaders insome districts in preparationfor the registration ofthe 2014tripartite elections.

According to astatement made availableto the Malawi News Agency(Mana), MEC chief electionsoflicer Willie Kalonga saysthe commission wants the

press

traditional leaders to tell theirsubjects the importance of theregistration execrise.

"The commission hastargeted traditional leadersbecause they live with thepeople in the villages and theyhave influence," he said.

Kalonga said the commissionis committed to building aninformedelectorate as the nationprepares for the elections.

"We are taking a freshregister, which means we haveto reach out to everyone urglng

them to register. Registrationis bedrock of credible electionsand it is our expectations thateveryone will show up when itstarts," he said.

Kalonga said people who willnot register will not be able tovote in next year's elections.

"This is why we are puttingup all our efforts to ensurethat every eligible registrantturns up for registration whenit starts. As a ,commission,we have mobilised enoughresources and staff to conduct a

successful registration, but &ican be undermined if elieiblregistrants do not tum uP,- bsaid.

Registration will be doin 10 phases. The first Pharis covering Nsanje, NenChikhwawa and Mu"amfollowed by wards in BtantPtciw such as Mbayani, MichiroSoirtfr Lunzu, ntantyre GtCentral and Chilomoni. Erdphase will take 14 U?including public holidaYs anweekends.-MaNe