By Wezzie Gausi:
Director of Public Prosecutions (DPP) Fostino Maele has moved the High Court in Lilongwe to review the conviction of Ernest Chimpeni, who was convicted and sentenced to six years imprisonment by the Mchinji Magistrate Court for having sexual intercourse with a child.
Last week, the Mchinji Magistrate Court sentenced Chimpeni after finding that, between March and November 2025, he had sexual intercourse with a girl who was under the age of 18.
This was despite the fact that Chimpeni produced a national identity (ID) card indicating that she was 19 years old, evidence from the complainant, her mother and her uncle.
The national ID indicated that she was born in 2008.
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An age assessment conducted at Mchinji District Hospital, which supported this position, was also tendered in court.
The DPP’s application for review has been filed under sections 25 and 60 of the Courts Act and Sections 13, 360 and 361 of the Criminal Procedure and Evidence Code.
In a notice of review dated January 20, 2026, the DPP is asking the High Court to determine whether the conviction under Section 138 (1) of the Penal Code was proper, given that the complainant produced a national ID card that reflected that she was 19 years old.
The court is also being asked to consider whether the conviction can stand in light of conflicting evidence, where the complainant’s parents testified that she was below the age of 18 despite the age reflected on the national identity document presented during trial.
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review the conviction
Director of Criminal Litigation in the Directorate of Public Prosecutions Dzikondianthu Malunda said the review seeks clarity on how the law should be applied in such circumstances.
“We are asking the court to review the conviction and determine whether, on the totality of the evidence [presented] before the trial court, the offence was proved beyond reasonable doubt,” Malunda said.
The DPP has further asked the High Court to decide whether the offence created under Section 138 (1) of the Penal Code is one of strict liability, where a belief about the complainant’s age is legally irrelevant.
In passing sentence, Mchinji Senior Resident Magistrate Godfrey Nyirenda said the duty of the court is to interpret, protect and enforce the law as it is written, based only on legally relevant facts.
Nyirenda said Chimpeni only admitted responsibility after all prosecution witnesses had testified, adding that his apology came too late to carry much weight in mitigation.
“In other words, the court’s role is to interpret the law as it is, not to make it reasonable, even if the outcome seems unreasonable,” he said.
Nyirenda also ordered the National Registration Bureau to rectify the complainant’s bio-data to reflect her true age, in accordance with Section 23 (1) of the Constitution.
Last week, lawyer Silvester Ayuba James indicated that he had taken up the issue.
“Take note that I have filed the Notice and Grounds of Appeal for this guy. I am also working on an application for bail pending appeal. May I take this opportunity to thank Mr. Wisely Phiri of Sparc [Systems] Ltd who extended his hand, unsolicited, with K2,000, 000 for logistical support, which helped me travel to Mchinji to attend the sentencing and photocopy the file. I also met all family members and other people who were familiar with the story at Kamwendo Trading Centre. We are making good progress, do not stress,” he said.
