Police in Limbe in Malawi’s commercial City of Blantyre are holding in custody a 25 year-old man suspected of having “sexual intercourse” with an unsuspecting female passenger in a minibus through use of witchcraft.
Police have confirmed that they indeed have arrested a middle-aged man for the alleged sexual act on a woman in a public transport carrier through magic.
Human Rights and Social Justice Advocate, Counsel John-Gift Mwakhwawa: it is an interesting case.
According to the Law enforcers in Blantyre, the victim boarded a minibus in Balaka on her way to Limbe to run her personal errands and sat in a middle row of the minibus with three other people on it.
“When she got into the minibus at Balaka Bus terminus, she sat in the middle row with other three people, two of which were women, and a man, who happens to be the suspect. As they journeyed towards Blantyre, the victim felt like she was daydreaming, like someone was having sex with her.
“She said she felt strange but couldn’t figure out what exactly was going on. She said she felt a penetration and a sensation that comes with it but was confused,” said a police officer working on the case.
The officer, who sought anonymity on the matter, said she was surprised when the minibus stopped, the man had ejaculated on her thigh and that is when she came to her senses what was happened to her.
“When she checked herself down under, she was wet and at that point she realised that the suspect has had a carnal knowledge of her womanhood,” said the police officer.
According to the police, the lady was taken to the hospital for medical examinations which revealed that she indeed had a penetration.
The man has been charged with indecent assault and will appear in court soon.
However, there is a legal conundrum as the laws in Malawi does not recognise witchcraft and it would be difficult to legally prove that the suspect has had sex with the victim as it happened through magic.
Malawi has a Witchcraft Act dating back to 1911, but it states there is no such thing as witchcraft and makes it a punishable offense even to accuse anyone of being a witch.
Human Rights and Social Justice Lawyer, John-Gift Mwakhwawa when asked for his legal opinion on the matter he said: “It will be an interesting case. Let us see how the court will handle it and what direction it will take.”
“Matters of witchcraft and the law are so complex. Witchcraft and sorcery, like the law, are mechanisms of social control. It will be interesting to see how it will pan out as regards the provision of evidence.”