Former Minister jailed for child abduction

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Malawi’s Former Deputy Minister of Trade and Industry Ellock Maotcha Banda who served the post under the Bingu wa Mutharika administration, has been sentenced to 6 years Imprisonment with Hard Labor (IHL) for abducting a 17 year old girl.

Earlier last year, Maotcha abducted the girl whom he had been in relationship with since 2013 from her secondary school based in Zomba.

Elllock Maotcha Banda

Maotcha Banda jailed.

Later the girl was found at Madzi ndi Moyo guest house room in Ntaja township that belong to the former deputy minister after parents for girl reported the matter to Ntaja Police station.

In her ruling Zomba Chief residents Magistrate Agnes Nyirenda said Maotcha deserved a tough punishment following the abduction that is contrary to Section 78, subsection 1 of the Child protection Act that attacks a maximum sentence of 10 years.

In mitigation, Maotcha pleaded for leniency saying  he is a first offender.

Meanwhile Maotcha has been sent to Zomba maximum prison where he is will save his jail term.

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129 Comments

  1. What is abducton? i might miss undestood it,coz the word won’t be used in this case! why,coz the girl is ageble she could hv reported for herslf if that was case! Do u want to tell me that she doesn’t know the word SEX? plz stop implicating pple in such away,if this girl is indeed girlfriend of this man; i hope she wanner tell her parents the truth abt the man.

  2. Palibe nkhani apa tima 13/14 years tinachita kampu kwa biwi kumatenga mimba kwa apolisi ndi mamagisitilet konko.pitani mukaone ngatindikunama ine.

  3. Enanuso musayankhule kwambiri muliso gulu opanga xomwexi ,la 40 lanu silinakwane.komaso asungwana inu muxitseka miyendo yanuyo mumachita kwaputa mdala axibambowa ndye akakunthira nawoni ndikumati amangidwe shupiti!! Mumayenda m’dala bumbu pamtunda mkumati amuna atani iyaaaaaaaa is what u deserve

  4. Ndi omwe akufalitsa matenda azbambo a mkhwidz ngat amenewa,mot angadziteteze kwa mwana ngat ameneyu, kma guyz mbuli zambilid ndizophunzilanso et, myeyo mkaz wake atamanyengan nd ka mfana ka 17, si akhoza kungokasowetsa ameneyu.

  5. istill dont understand why aproduct between two legs can be used without owners approval, and how do you expect arabbit to be innocent in agroundnuts field? bambowa ndwosalakwa kma vuto maufulu achuluka.

  6. The Open Fact Is That There Are So Many Such Cases Going Unpunished In The Communities. The Girls Are Hiding This Themselves. Poverty Komanso Kukomedwa.

  7. No fair coz that gorl is aged enough she cn destinguesh good and bad,evin some areas there z alote girls below that sge werking in peoples houses.This s appening coz of poverty,if government want 2 stop this habits make sure to find a way which these pip can get help,DONT DEMORISH THE BROCKEN BLIDGE IF U HVE NOT BUILT STRONG 1 TO USE.

  8. Men of Nyasaland, please I beg you all, before you propose ask the woman to bring her birth certificate to confirm if she’s above 18 coz if she’s below u’ll end up in jail.

  9. Mind U Pipo Abduction Hs No Limit Of Age,it Only Differs On Sections,sec 135 Of Penal Code Says Any Persn Who Wt Intent To Marry Or Carnally Know A Wowan Of Any Age Or To Cause Her To B Married Or Carnally Known By Any Othr Person ,takes Hr Away,or Detains Hr,against Hr Will,shall B Guilty Of A Felony And Shall Be Liable To Imprisonment For Seven Yrs.Whle Sec 136 Says Any Persn Wh Unlawfully Takes An Unmarried Girl Undr The Age Of 16yrs Out Of The Custody Or Protection Of Hr Fathr Or Mothr Or Othr Person Havng Th Lawful Care Or Charge Of Hr,and Against Th Will Of Such Fathr Or Mothr Or Othr Person ,shall B Guilty Of Misdemeanour,the Sentence Cnt B Highr Thn Tht Of Sec 135 & Othr Sec Ur Sec 261,262,263,264 & 265

    • You’ve articulated well on the provision of the law my brother, now what’s your take on this man? After having learnt the circumstances under which the alleged offence was committed, which one was supposed to be the rightful charge he was supposed to be sentenced with?

  10. Who z to benefit from this sentence? By publicising u hav scorched her cv. Gvt will use our tax to feed him in prison.

  11. The definition of a child is not based on a cultural definition but on the republican constitution as also reflected in the convention on the rights of the child. Anyone 18 yrs and below is a child although she maybe called a young woman with or without a child….

  12. much as i don like his life style, but i think abduction is exaggerating. She was 17(now 18), she travelled on her own conscious from her school in Zomba, a boarding school i hear, obviously she had an exit from her boarding master, travelled all the way to Ntaja, which happens to be her home also as her parents stay there. She was with this man for a couple of days, and it was her friend who reported this to her parents who in turn reported to police. Is this abduction? And again, the last time i checked our laws recognize only those below 16 to be children. But she was 17 at that time. And u say Child Abduction?

    • But yet u know even a 30 years old woman can be abducted… Oky, lets assume that I abduct a 22 years old woman and they take me to court, can I deny it saying its not an abduction because she is an adult???

    • @Ernest, look at the circumstances. She wasn’t held at gun point nor was she forced to be in such a situation. A simple no would have been enough to deter the man. She was found in a hotel room alone, amaleka kuthawa bwanji? She went willingly and knowingly.. After all she was in a relationship with the guy. Makolo ake a mwana yu aganizepo kuti what led their supposedly innocent child to follow a man to a hotel..

    • u are missing ma point, Enerst. Ma argument on abduction is not about age, but rather what is to abduct? This gal was at a boarding xul in zomba. How did she find herself in Maotcha’s room in ntaja? To ma understanding, she got an exit from xul, boarded a bus all the way to Ntaja. U might need to know that her parents stay in ntaja as well, but she didn’t go there, she went to maotcha’s place, stayed a couple of days. Met a friend who informed her parents that their daughter is there. Now if a gal visits her man is that abduction? U abduct when u force somebody to be or stay with u. But the school didn’t report for a missing gal, coz she sought permission. In court this gal is on record to have denied being abducted. They were in a relationship since 2013.

    • Law are clear, he abducted de gal as long as she is below 18years.. The man corrupted de gals mind. she cant make up an independent decision hence she cant vote or being employed. She is under her parents custody and she was stolen hence abducted coz there was no consent from parents. De exit from xul was definately given coz she lied. The man made her lie.

  13. Plz Admn educate here; the story according to you, the guy went to the girls school and abducted her, how? I mean how dd she get out of the school campus? in the boot of the accusedz car? or in a sack carried by the accused on his shoulder? I mean how? ok she was found @ madzi ndi moyo guest house in ntaja, I still ask on how she got there, let’s assume he” forcedbly” (coz that’s wat makes an abduction an abduction the fact that the victim is taken in the victimisers custody without the victims approval, either by force or other means) so when they found her @the Guest house, was she tied to the bed o chair o something? or locked with the keys going with the accused? coz if not then why ddnt she just get out and tell any relevant authority to report the crime? am under standing from the link that the case was opened after the Parent reported the abduction. m just confused here. lastly the relationship btween the accused and the girl was a known thing coz how unelse can there b a time span record for the relationship ie 2013? nothing is adding up to me.

    • Vincent Chamveka , these so called editors don’t investigate stories they just report word of mouth, no research, noe verification of fact nothing just copy paste. its not healthy.

    • iwe amanyengsbe mwana musachikile kumbuyo chisiru ngati chimenecho 2013 ndekuti chani ifeso timangoyang’ Ana.apa ndanva kukoma wazuza anthu angati sirmazo kati.kuwombela munthu ndolo iyeyo wapita ndichaching’ ono kape

  14. Not that I am approving of what this man has done, but let’s look at this realistically.. Abduction? she is 17. Take the time to study what these girls are up to, and you’ll realise she’s just as responsible.. Atsikana ambili from age 14 onwards akupanga zodabwitsa..

    • Yes but look at the circumstances. She wasn’t held at gun point nor was she forced to be in such a situation. A simple no would have been enough to deter the man. She was found in a hotel room alone, amaleka kuthawa bwanji? She went willingly and knowingly.. After all she was in a relationship with the guy. Makolo ake a mwana yu aganizepo kuti what led their supposedly innocent child to follow a man to a hotel..

  15. A stern warning and lesson to others. How can an older person well respected in our society be in a relationship with thsi young girl? Mahule onsewa osachita abduct to fulfil his sexual appetite?

    This is a backward habit and retrogressive effort to us promoting girls and young people’s rights.

  16. Point of correction: woman abduction not child, mind you this is a 17yr old Yao lady and might be a mother under normal village circumstances!!