The Blantyre Child Justice Court sitting at Blantyre Police Station on Saturday granted bail to a 15-year-old boy who was arrested for allegedly defiling a 12-year-old girl.

The bail followed an intervention by the Centre for Human Rights, Education, Advice and Assistance (Chreaa) with funding from the United Nations (UN) Voluntary Fund for Victims of Torture. Chreaa moved the child justice court to hear the matter.

In an interview yesterday, Chreaa executive director Victor Mhango said they were compelled to move the courts as regards to the nature of the case.

He said: “We want to challenge this law because we believe that it is discriminatory and it’s only the boy child who suffers. But again, what led us to do the camp court is because of Justice [John] Chirwa’s ruling which said no child should be found in police custody.”

Last year, High Court judge John Chirwa ruled that detention of children is unlawful following an application by eight children who were detained at Limbe Police Station for various offences.

Mhango said in view of the ruling, Chreaa is of the view that remanding children in police custody is contempt of court, aside from challenging the law itself.

According to court documents we have seen, the 15-year-old Standard Seven learner from Mbayani Primary School in Blantyre, who was arrested on September 1 2022, is alleged to have been in a relationship with the 12-year-old girl, who is a Standard Six learner at the same school.

It is alleged that the two minors had consensual sex on August 31 2022 when the victim slept at the purportedly boyfriend’s place and returned to her home on September 1 2022.

Wary of the victim’s whereabouts after she had returned home, the mother reported the matter to Kabula Police Station and was subsequently referred to Queen Elizabeth Central Hospital (Qech) for medical examination.

The boy is expected to answer a charge of defilement of a girl under the age of 16 which contravenes Section 138 of the Penal Code.

Meanwhile, the High Court of Malawi sitting as a Constitutional Court is set to review and interpret Section 138 (1) of the Penal Code on defilement after being moved by a 15-year-old boy.

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