By Mercy Matonga:
Chief Justice Rizine Mzikamanda has observed that the Trafficking in Persons (TIP) Act has faced numerous challenges since its enactment in 2015.
He said this in Lilongwe Thursday at a meeting for judicial officers.
One of the products of the meeting is the validation of a bench book that will guide judicial officers when sentencing individuals convicted of TIP cases.
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Mzikamanda cited sentencing disparities as one of the challenges.
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“Our major concern has been inconsistencies in sentencing and the general handling [of such cases] among judicial officers, a development that has been sending different signals,” Mzikamanda said.
He added once the book is distributed and its contents understood by judicial officers, there will be a measure of consistency, uniformity and seriousness, which he said are needed in handling TIP cases.
On her part, chairperson for the steering committee that developed the bench book, Judge Fiona Mwale, said the book also addresses the needs of human trafficking victims.
She said trafficked individuals are left traumatised, such that they need mental health support to heal.
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“In the bench book, we are also asking them to look at the plight of the victim because in our criminal justice system, we just concentrate on putting the offender away and forget that there is a victim who needs compensation,” Mwale said.
She added that the bench book is expected to assist magistrates and judges in applying sentencing guidelines.
“It will help them appreciate, for instance, that when a person who has committed a trafficking offence holds a certain type of office, they need to consider that as an aggravating circumstance because they have abused their authority,” Mwale said.
According to the Secretary for Homeland Security Steven Kayuni, the development of the Trafficking in Persons Act of 2015 Sentencing Guidelines and Bench Book demonstrates the government’s commitment to fighting human trafficking and protecting citizens by eliminating disparities that have been observed in passing judgement on traffickers.
“As we plan to launch the sentencing guidelines and the bench book on World Day Against Trafficking in Persons, which is observed on July 30, this will underscore our national commitment to eradicating human trafficking and ensuring justice for its victims,” Kayuni said.
Plan Malawi Country Director Mwape Mulumbi said there is a need for enhanced collaboration so that justice can be seen to be delivered in TIP cases.
“Of course, the Act imposes fines but, sometimes, they are not stiff enough. We are advocating for stiffer penalties. As such, the bench book enhances what is already on the ground,” Mulumbi said.
The book has been funded by Plan International Malawi and the Catholic Development Commission.
