Several learners who fell pregnant in 2016 in Nkhata Bay and the boys responsible for the pregnancies have been awarded K51 million after they were arrested in 2016 over the pregnancies.
The High Court of Malawi, sitting at Mzuzu, has awarded damages to the teenagers for false imprisonment against the state.
In 2016, some learners at a school in Nkhata Bay were hauled before a First Grade Magistrate on allegations of breaching a community by-law by falling pregnant.
The Magistrate ordered the learners, the boys who had allegedly made them pregnant, and some parents, to pay hefty fines. Those who were unable to pay the fines were placed in Police custody and only released upon payment.
The learners and their parents filed an application for review in the High Court, on the basis that the actions of the Magistrates Court were unlawful, unreasonable and irrational, and that their Constitutional rights had been infringed.
In a judgment written by Judge Dorothy DeGabrielle, the High Court found that the arrest, detention and imposition of fines against the learners and their parents was unlawful because it was not done in terms of any recognised law, as falling pregnant or making someone pregnant is not an offence.
In assessing and awarding a total of K51 000 000 as damages, plus restitution and costs for all the applicants, the High Court Assistant Registrar Chiotcha found that the Claimants had been exposed to humiliation, mental suffering, and psychological torture, which is likely to have “far reaching consequences on their mental health”.
The Claimants were represented by Christon Ghambi of CHRAM Associates and supported by the Southern Africa Litigation Centre and Youth Watch Society.
Reacting to the ruling, Deputy Director at the Southern Africa Litigation Centre, Tambudzai Gonese-Manjonjo, said the teenagers and parents have been vindicated.
“It is hoped that cases like this will bring accountability for violation of rights and also shine a light to harmful practices and the misuse of state power to police social issues like dealing with learner pregnancy,” said Manjonjo.
