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| National |
| Law students challenge Muluzi on prostitution |
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by
Mabvuto Banda, 07 April 2004
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17:40:48
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Four Chancellor College law students were on Monday granted an injunction by the High Court stopping President Bakili Muluzi’s order last week to arrest sex workers.
Dorica Phiri, Agness Nyirenda, Pasipawo Chirwa and M. Musuku challenged the presidential decree saying that it violated people’s rights to movement, association and that it was discriminatory.
“The students found the order to be discriminatory against women, they also found out that it interfered with police because they are supposed to operate independently,” law lecturer Ralph Kasambara said.
Justice Healy Potani suspended the presidential order effectively stopping the arrest of any women in pursuance of the order.
Muluzi, who has been giving several orders lately in his last days in power, ordered police to arrest women at night in a bid to arrest HIV/Aids.
Police arrested about 26 women in bars, and night clubs in Blantyre, another 20 in Mzuzu and charged them with rogue and vagabond. Others were released with no charges.
But Kasambara described the order as having an unpropotional effect.
“How do you expect to fight against corruption by arresting prostitutes? Who is a prostitute in the first place. By arresting them are you going to achieve a decline in HIV/Aids. What we are saying is that Malawi does not operate by presidential decrees, this can only operate under a properly passed law by Parliament,” said Kasambara.
The students said that they have decided to challenge the decree to try help out in maintaining social justice especially with people that don’t know their rights.
The Law Society of Malawi asked Muluzi to remove the order saying that it was unconstitutional.
Human rights activist Emmie Chanika dimissed Muluzi’s order as wishful thinking that could not stop the spread of Aids.
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