Date Of Article: 10/24/2002
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Theu deserved stiffer sentence, say activists
By: Francis Tayanjah-Phiri
Malawi Human Rights Commission and women activists have described as ‘light’ the sentence meted on Duncan Theu last Friday for forcing two boys to rape their mother in Mzimba early this year. Women Lawyers’ Association chair person, Ngeyi Kanyongolo and Executive Director for Civil Liberties Committee (Cilic) Emmie Chanika said in separate interviews that Theu deserved a harsher sentence considering his inhumane victimisation of the woman and his children. “That was a serious case, considering the extent of the act and its degrading nature. One would be tempted to describe the punishment not enough. It would also not be an overstatement to say Theu was not punished enough,” said Kanyongolo. She, however, said the sentences by Mzuzu Resident Magistrate Dingiswayo Madise and High Court Judge Lovemore Chikopa, were a bit better than such other sentences meted on most convicts in Malawi. Said Kanyongolo: “Comparing with other such sentences, we may say it is on the higher side, but we would wish it was sterner. This is a very bad case deserving a sentence of more than 20 years with hard labour, no question about it.” Kanyongolo’s sentiments were shared by the Malawi Human Rights Commission (MHRC) executive secretary Emeliana Tembo who said jailing Theu was not enough but also there should have been an adequate compensation to the victimised woman. “We feel the woman needed compensation because her right as a woman was grossily infringed and abused in addition to her pride being eroded by the convicted Theu,” said Tembo. She said as a commission they would are prepared to work with other stakeholders, to press for compensation in court for the victimised woman and her children. “Though we feel the court did well to hand down such a sterner sentence, we feel the cruelty afflicted on the woman by Theu was grave, hence befitting real compensation. However, we need to hear the reactions of other stakeholders such as the women lobby groups,” said Tembo, whose organisation participated in Theu’s trial as ‘friends of the court’. Chanika said Theu should have been slapped with more years in prison than the 16 he earned. “Cases like that one should go straight to the High Court other than putting magistrates court in a fix because their jurisdiction does not allow them to slap very big sentences,” said Chanika. Chanika, however, praised the swiftness of the resident magistrate for coordinating with the High Court to take turns in sentencing Theu. Chanika lashed out at some journalists, who she alleged, portray people like Theu as heroes, without regard to the injury they cause to innocent victims. Chanika also called for an immediate compensation to the woman and her family to address the misery she went through. “If Theu cannot pay, then government must compensate using the pension benefits of Theu. Government must also direct its Legal Aid department to institute civil proceedings against Theu on behalf of the poor woman,” said Chanika. During Theu’s sentencing, Director of Public Prosecutions (DPP) Fahad Assani asked the court to rule that Theu compensate the woman and her children. Judge Chikopa ruled that although the woman deserved compensation, that could be done it through separate civil proceedings to avoid delay in slapping punishment on Theu for the crime.
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