Human rights activist Undule Mwakasungula has expressed worry about court delays to hear a case of an 11-year-old girl allegedly defiled nine months ago in Lilongwe.
He said it was sad that despite stakeholders’ concerns over the criminal justice system delays in finding justice for defilement victims, very little was being done to improve the situation.
In a media statement issued on Friday, Mwakasungula said the delay to conclude the cases is a big concern and a derailment to the fight against sexual abuse of children.
The activist’s statement follows a story published in Nation on Sunday of March 27 2022 of a girl defiled in August last year, but her case is yet to start.
Surprisingly, the perpetrator was released a few days after his arrest, a development Mwakasungula, family members and other civil society organisations describe as foulplay.
“Questions must be asked in terms of why the delay on an incident that occurred in August 2021 and up to date no proper direction is seen in finding justice for the victim.
“This delay might be viewed as a compromise by the courts and very discouraging towards all the good efforts in fighting sexual violence against the girl child,” he said in the statement titled ‘Concerns on increasing cases of sexual violence against children and concerns on delayed justice for the victims’.
Mwakasungula said the increasing cases of violence against children being reported in the country were a national concern although there are many efforts in place by government and non-State actors in trying to address the challenge.
“Violence or abuse against children is a serious violation of human rights and child’s rights to protection from all forms of violence and abuse,” he said.
On the Lilongwe girl, Judiciary spokesperson and acting registrar Kondwani Banda confirmed in an earlier interview that the suspect was released on bail.
However, he could not indicate when the matter is set for hearing and he suspected the prosecuting team did not move the court; hence, the delays to hear the matter.
The girl’s family, based in Area 25 in Lilongwe, first cried out for justice after the alleged defiler was released from custody without their knowledge.
The mother of the victim claimed they had suffered a double tragedy due to failure by the court and police to prosecute the matter.
The incident occurred in August 2021 in Area 25 Sector 8 in Lilongwe and the suspect was immediately picked by Nsungwi Police officers after the girl’s mother reported the matter.
According to the mother, the suspect was arrested after medical examination at Kamuzu Central Hospital confirmed that the Standard Six learner was, indeed, defiled. To their disbelief, he was later taken to Mkukula Magistrate’s Court in Lumbadzi, Dowa, but since then hearing of the matter has not taken place. The suspect used to be their neighbor.
