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Contributing towards the protection and promotion the rights of children and the youth

P.O Box 180 Tel/Fax : +265 1 223 745

Dedza Cell: +265 9 511 879
Malawi E-mail:

18th June 2008

(For immediate use)


In its continued efforts to contribute towards creation of a protective environment for

children in Dedza District, Youth and Children Rights Shield (YOCRIS) an NGO that
contribute to the protection and promotion of the rights of children and the Youth in
Dedza has successfully facilitated the prosecution of Mr. Zefati Hwangwa, 27 years old
for defiling and impregnating a 11 year and 5 months girls in Dedza District. The
accused, Hwangwa who hails from Phumula1 Village, Group Village headman Mganja ,
T/A Kachindamoto in Dedza was found guilty and sentenced to 12 years Imprisonment
with Hard Labour(IHL).

Dou Mkwaila the father of the defiled girl, on 8th May 2008 lodged a complaint at Youth
and Children Rights Shield that Zefati Hwangwa had impregnated his daughter Dorothy
who was a standard 6 pupil at Mganja primary school in the district. Youth and Children
Rights Shield (YOCRIS) filed a complained on the matter to Dedza police station for

Sitting before Dedza First Grade Magistrate Court on 6th June 200 and 11th June 2008
the Zefati pleaded guilty to the allegations. The court heard that Zefati Hwangwa defiled
Dorothy Mkwaila on five occasions between December 2007 and February 2008 until
she got pregnancy. Dorothy who was born on 2nd January 1997 was threatened not to
reveal the ordeal by the Hwangwa.

Prosecutor J.T. Andiseni from Mtakataka police station tendered in the court medical
report obtained from Mua Catholic Hospital which among other things stated that he
the girl would end up with caesarean section because her pelvis is not well developed to
carry out a normal delivery and that she needs to deliver at a big hospital under a
supervision of skilled health worker. The medical report, further states that Dorothy
may end up delivering a preterm baby who is difficult to take care of. The medical report
again indicates that she may as well develop heath problems that will make her void
stool and urine uncontrollably.
Passing the Judgment His worship Kamankhudza said that the crime committed by
Hwangwa was a felony and he needed to be punished and committed him to a 12 year
sentence with hard labour. Meanwhile Youth and Children Rights Shield is applauding
Magistrate Kamankhudza for meting such a punishment in its strongest term. However
Youth and Children Rights Shield intend to appeal for higher sentenced should the high
court confirm the 12years imprisonment meted at the first sitting of the court.

Youth and Children Rights Shield is concerned with number of heath implications that
will arise from this pregnancy and delivery and in this regard that Youth and Children
Rights Shield (YOCRIS) feel the high court should hike the term to the fullest to deter
would be offender s of case of the same nature.

Zefati Hwangwa contravened section 138 of the penal code. Subsection (1) of the same
indicate that any person who unlawfully and carnally knows any girl under the age of
thirteen shall be guilty of a felony and shall be liable to imprisonment for live , with or
without corporal punishments.

Meanwhile Youth and Children Rights Shield would like to bring to the attention of
members of the general public that laws of Malawi prohibit any sexual activity with any
girls under the age of 13 years and that if is serious crime in Malawi.

Signed by

Bright Kampaundi
EXECUTIVE DIRECTOR (+265 9 511 879)