The High Court in Blantyre has given the state 14 days to file its arguments in a landmark case in which persons with disabilities are challenging the constitutionality of Section 180b of the Penal Code, which criminalises begging.
The applicants, persons with disabilities, were arrested in 2017 and charged with being idle and disorderly, pleading guilty and receiving a one-week imprisonment sentence with hard labour.
The court noted that the respondent had failed to file its arguments on time, prompting the adjournment to January 13, 2026.
Senior State Advocate Ndoli Chiume expressed satisfaction with the timeline, saying 14 days is sufficient for preparation.
Representing the applicants, Bob Chimkango welcomed the court’s direction, citing previous uncertainty about the case’s progression.
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“This is unlike in the past when we did not have clarity on at what point one is required to do this or that, or what the actual document required is,” Chimkango said.
Vivian Kasunda, also representing the applicants, acknowledged the eight-year delay but expressed satisfaction with the case’s current direction.
The applicants were arrested in 2017 following a sweeping exercise by the police and were charged with being idle and disorderly.
They were all convicted on their own pleas of guilt and were sentenced by the lower court to one week’s imprisonment.
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However, the sentence was suspended for two years on the condition that during this period the convicts should not commit similar offences.
Following the conviction, the applicants applied to have the matter reviewed before the High Court, and on February 17, 2025 the Chief Justice certified the case as a constitutional matter.
