Africa-Press – Malawi. The Constitutional Court sitting in Blantyre has adjourned to March 1, 2022 a case in which two boys are pushing for a judicial review on penal code law on defilement concerning consensual sex between adolescents.
State and defense lawyers presented their arguments before a panel of three judges sitting as a constitutional court in Blantyre on Tuesday in which two teenage boys are seeking a review of section 138 of the penal code in relation to consensual sex between minors. The penal code criminalizes sex below the age of 16.
Felistas Mitambo and Chikondi Chijozi are representing the two boys who are accused of defiling girls within their age bracket asked the court to invalidate the penal code describing it as unconstitutional for it violates right to privacy, dignity and liberty of minors.
Councils Maulidi and Pilirani Masanjala who represented the Attorney General and Director of Public Prosecution said sex between minors has a huge negative effect on the girl child for they are exposed to early pregnancies and sexually transmitted diseases. The three judges including Judge Zione Ntaba, Judge Mandala Mambulasa and Judge Jack Nliva have adjourned the case to March 1.
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