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CSO pleads with court on student rape case

A child rights civil society organisation (CSO) has written the Registrar of the High Court and Supreme Court of Appeal, expressing disappointment with delays of a case of a 17-year-old student allegedly raped by a police officer while in custody.

In the letter dated July 9 2021, Mulelewaka Foundation, one of the CSOs supporting the Malawi University of Business and Applied Sciences (Mubas) student, says the delays are causing more anguish to the victim.

The student was allegedly raped at Limbe Police Station by Andrew Chagaga, who was found to have a case to answer at the Blantyre Magistrate’s Court in May this year.

In the letter, the CSO expressed displeasure with the last-minute adjournment of the case on Monday, July 5 when presiding magistrate Tsoka Banda was set to deliver his verdict.

“The victim was told of the adjournment on the day of hearing. It’s very disappointing that His Worship Tsoka Banda knew in advance that he will not be available as he was at his home village, but opted to remain quiet and not inform the victim or her lawyers,” reads the letter in part.

The letter, signed by the foundation’s executive director Dunstan Chunda, says the victim is now tired and the trauma she suffered at the hands of the police is crippling her.

He said the delays have a significant psychological impact on the victim’s welfare.

“This case represents moments where stakeholders need to work with speed on cases involving children to ensure that justice is served on survivors on time,” said Chiunda.

The Registrar of the High Court of Malawi and Supreme Court of Appeal Gladys Gondwe, in an interview, said she could not comment on the matter because the letter had not yet reached her office.

In an interview, lead prosecutor Eunice Ndingo from Ministry of Justice said the matter has since been slated for today, July 12 where the magistrate will give his judgement on whether the accused should be convicted or not.

Ndingo, who had been prosecuting the matter alongside Ruth Kaima from Centre for Human Rights Education, Advice and Advocacy and Chikondi Chijozi of Southern Africa Litigation Centre, said if the court decides to convict the accused both the State and defence will have to file fresh submissions.

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