There must be a temptation, somewhere in remote area-based men’s hearts, that the wheels of justice may not catch up with them. But, as RABECCA CHIMJEKA writes, mobile courts are the new tool for bringing human rights abusers to book.
Mobile courts deliver justice to remote areas, bringing many to justice and, in the process, effectively assisting those that are unable to afford free paralegal services.
The courts are aimed at empowering women and girls by serving as one way of combating gender-based violence (GBV) in Dowa District in the Central Region and Phalombe District in the Southern Region.
The Gender Network for Equality in Malawi (Genet) has been promoting gender equality in the country by funding mobile courts.
In our case, the court session that is the focus of this article commenced in the afternoon, a day-and-a-half late, and focused on sexual violence cases.
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The first defendant, 25-year-old Brown Robert, entered the courtroom barefoot.
He stood accused of defiling a 16-year-old girl.
The Lilongwe Magistrate’s Court, sitting at Unicef Ground, Chinsapo, in the area of Senior Group Chiseka, sentenced Robert to 13 years imprisonment for the crime.
As testimonies unfolded, the presiding magistrate, who also oversees Lilongwe’s main court, heard from State Prosecutor Jean Kettie Mvula, who detailed how Robert had, on June 5 2023, enticed the girl with K2,000 while her mother was at a funeral service.
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Despite pleading not guilty to the charge, Robert was convicted of defilement based on evidence presented by four State witnesses.
In mitigation, Robert asked for leniency, saying he is a first-time offender and breadwinner for the family.
However, Magistrate Chakaka Nyirenda dismissed these factors, emphasising the irreversible damage to the victim’s future caused by Robert’s actions.
Mobile courts like this one operate within the Malawian justice system, bringing justice to isolated areas and easing caseloads in urban centres.
A Mr Chigalu, a police officer, explains that Likuni— which borders Chinsapo— is one of the urban centres where girl-children are exposed to sexual violence.
“We, therefore, do our best to curb such cases,” he indicated.
Senior Group Chiseka commended the State for conducting court proceedings in the area, hoping that doing so would serve as a deterrent to others of the same ilk.
“Justice has to be delivered, no matter how far from the courts one is,” Chiseka explained.
Primarily used for prosecuting sexual violence cases, mobile courts receive funding from non-governmental organisations such as Genet, which serves the interests of victims of sexual violence.
Despite operating in remote areas where conventional justice systems are absent, mobile courts continue to make a positive difference, as explained by the chief from Dowa.
“This is because victims are getting the justice they deserve,” the chief pointed out.
Statistics have, in the past few years, shown a reduction in the number of defilement and rape cases registered across the country.
The reduction dates back to 2021.
In 2023, there were 1681 cases; in 2022, there were 1836 cases; with 2,387 cases registered in 2021, resulting in favourable judgements, highlighting the impact of mobile courts in justice delivery.
However, Malawi’s lack of basic infrastructure poses challenges in gathering and preserving forensic evidence for sexual assault trials.
While acknowledging that mobile courts are not a long-term solution, stakeholders say they serve as a temporary measure as until the government extends justice services to rural areas.
A study which Genet conducted on mobile courts revealed a reduction in GBV incidents in communities with court exposure, recommending increased funding for the initiative.
British High Commissioner to Malawi, Fiona Ritchie, lauded the initiative as a step towards combating GBV and promoting gender equality.
She said when justice catches up with perpetrators of, say, GBV, people start thinking twice before doing regrettable actions.
Bernadette Malunga, the lead researcher, emphasised that mobile courts are instilling confidence in community members.
“Most importantly, confidence in the justice system empowers gender-based violence victims to report the same to the authorities, including police,” Malunga pointed out.
Genet Programme Adviser, Takondwa Kaliwo, concurred with her, further emphasising the role of mobile courts in shaping community attitudes towards GBV.
And there are indications that government officials are equally impressed with mobile courts.
Deputy Director in the Ministry of Gender, Fred Simwaka, underscored the broader impact of mobile courts in creating safer environments for girls and women.
Since 2020, Genet has spearheaded the ‘Nkhanza Toto Project: A Women and Girls’ Movement in Malawi’, which Comic Relief supports and is aimed at empowering women and stemming cases of GBV in Dowa and Phalombe districts.
This trend is attributed to sound coordination with various stakeholders.
For instance, whenever prosecutors present defilement cases to courts of law, magistrates and judges mete out deterrent sentences on those found guilty.
Eye of the Child spokesperson Asiyatu James, whose non-governmental organisation promotes child rights in the country, has said figures on defilement cases can provide valuable insights into the situation.
She, however, said this cannot always fully reflect the reality on the ground because there are many factors that can influence reporting rates, citing stigma and discrimination, fear of retaliation, lack of trust in authorities and barriers to accessing support services.
She said, as a result, research findings can result in the presentation of figures that underestimate the true extent of the problem.
“So, what is needed is to allocate adequate resources to prevention programmes and survivor support services because this is crucial in ensuring that the victims are well supported in recovering from the trauma encountered after the defilement incident,” James said.
