The Malawi Police Service has denied allegations that it continues to arrest people under the Log and Vagabond law following court determinations. National Police Spokesperson Peter Kalaya stated that after the constitutional and high court rulings, the police ceased enforcing the law.
In 2017, the Constitutional Court declared it unconstitutional to arrest people under the Log and Vagabond law. Similarly, in 2022, the High Court in Zomba ruled that Parliament and the Ministry of Justice should review the entire Section 184 of the Penal Code, which addresses the Log and Vagabond law, and also declared it unconstitutional.
Kalaya challenged anyone who claims to have been arrested under the law after these determinations to provide proof of the arresting officer and the date of the incident. “The police also stopped conducting Sweeping Exercises; we now arrest people during intelligence-led operations with specific objectives,” Kalaya said.
On Thursday, the Legal Affairs Committee of Parliament and the Malawi Law Commission urged the Malawi Police Service to stop arrests under the Log and Vagabond law. Chairperson of the Legal Affairs Committee, Peter Dimba, noted that there have been observations indicating that police continue to arrest people under the law, despite it being declared unconstitutional.
Dimba made these remarks at the Parliament building when the committee invited the Malawi Law Commission to gather views concerning the High Court’s judgment to review the Log and Vagabond law. The court directed that Parliament and the Ministry of Justice amend the law within 24 months. Dimba stated that his committee fully agrees with the court order, as the law does not align with the current democratic dispensation. However, he expressed concerns over the continued application of the law by the police, contrary to the court order.
While acknowledging there is nothing inherently wrong with the law, the Malawi Law Commission emphasized the need to improve its application and enforcement. Law Commissioner Mary Kanyuka highlighted that the issue lies in the enforcement by the police, who sometimes arrest individuals for actions that are not criminal in nature. She stressed that law enforcement agencies must ensure they apply laws appropriately.
