By Daniel Zimba :
The High Court, sitting as a Constitutional Court in Blantyre, has adjourned to January 20, 2026 a case in which 13 street beggars with disabilities are challenging a section of the Penal Code that criminalises begging.
The applicants argue that the provision violates their constitutional rights by limiting their ability to survive and support their dependents.
A panel of three High Court judges, Chimwemwe Kamowa, John Chirwa and Anneline Kanthambi, is presiding over the case, which was due to be heard again Tuesday after a hearing on December 3, 2025.
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The applicants’ legal representative, Bob Chimkango, confirmed the adjournment to The Daily Times.
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“We do not yet have the reasons for the adjournment, but the case will proceed next week,” Chimkango said.
The applicants, arrested at various locations in Blantyre on April 11, 2017, contend that the Penal Code provision infringes their constitutional rights to dignity, freedom from torture and cruel or degrading punishment, equality and non-discrimination and economic activity, among others.
Following their arrests during the sweeping exercise, the individuals were charged with being idle and disorderly, contrary to Section 180(b) of the Penal Code, which states:
“Every person wandering or placing himself in any public place to beg or gather alms or causing, procuring or encouraging any child or children so to do shall be deemed idle and disorderly.”
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At the time of their initial trial, the applicants were unrepresented and were convicted on their own pleas of guilty by the lower court, which sentenced them to one week’s imprisonment with hard labour.
The operation of the sentence was suspended for two years on the condition that the applicants did not commit similar offences during that period.
Following their conviction, the applicants sought a review in the High Court and during the initial hearing, an application was made to refer the matter to the Chief Justice for certification as a constitutional matter, “given its direct relation to the interpretation and application of the Constitution”.
The Chief Justice certified the matter as a constitutional issue on February 17, 2025 and the review case was last heard on December 3, 2025.
The Southern Africa Litigation Centre (Salc) and the Centre for Human Rights Education, Advice and Assistance have been monitoring the case since its inception.
“We hope that moving forward, the pace of the case will improve following the certification by the Chief Justice,” Vivian Kasunda, a legal rights advocate with Salc, said after the adjournment.
