Malawi Government Pursues Legal Consultation to Abolish Death Penalty
The World Day Against The Death Penalty was commemorated under the theme "A Road Paved With Torture" at Maula Prison.
LILONGWE, MALAWI - The Malawi government is seeking legal consultation to abolish the death penalty, which has been enshrined in the country's constitution but has not been implemented since 1992, writes Judgement Katika.
During the commemoration of World Day Against The Death Penalty at Maula Prison in Lilongwe, Minister of Justice Titus Mvalo announced that all necessary steps have been taken, and the next phase involves drafting a bill for review by the cabinet committee and eventual submission to parliament for implementation.
Mvalo noted, "Through the consultations and meetings we have had, it is evident that the majority view is in favor of abolishing the death penalty. While strong voices exist against it, the prevailing sentiment appears to favor its abolition."
The Minister also revealed plans to host a legal delegation from Zambia to learn from their experience in abolishing the death penalty, which they achieved over the past two years.
Trouble Kalua, the Executive Director of the Legal Aid Bureau, highlighted the challenges associated with homicide cases, explaining that they are often contingent upon the readiness of the Director of Public Prosecution (DPP) and the court.
He emphasized the need for Malawi to decide definitively on the issue, given the existence of a death sentence in the law that remains unexecuted.
Kalua said, "We continue to sentence people to death without carrying out the penalty, creating unnecessary psychological distress for those on death row. Besides the inhumanity of the sentence itself, the uncertainty of facing execution is a double punishment for the condemned."
Human rights lawyer Alexious Kamangila commended the Malawi government's commitment to protecting the right to life, emphasizing the importance of this fundamental right.
He clarified that abolishing the death penalty does not imply impunity for criminals, stating that those convicted of severe crimes would still face substantial punishment.
Inkosi ya Makosi Gomani V expressed his concerns about the continued existence of the death penalty, which has led to anxiety and sorrow, especially among the families of individuals facing execution. He urged the government to consider alternative forms of punishment.
Nasser Kara, a former death row inmate who was released in 2020 through the Malawi Human Rights Commission's Fanten project, described the serious issues surrounding the death penalty.
Kara praised the MHRC for its efforts in securing his release and abolishing the death penalty.
The World Day Against The Death Penalty was commemorated under the theme "A Road Paved With Torture" at Maula Prison.