High Court Upholds Law Criminalising Begging, Dismisses Disability Rights Case

The High Court of Malawi, sitting as a Constitutional Court, has dismissed an application by 13 people with disabilities challenging the criminalization of begging.

The applicants had argued through their lawyers that Section 180(b) of the law is unconstitutional, claiming it discriminates against persons with disabilities and violates fundamental rights such as personal liberty, freedom, and the right to engage in economic activity.

However, in its ruling, a three-judge panel comprising Justice John Mashikizo Chirwa, Justice Anneline Kanthambi, and Justice Chimwemwe Kamowa found that the provision does not violate the Constitution.

The court held that the law remains valid and enforceable, thereby upholding its constitutionality.

The applicants were initially convicted in 2017 and sentenced to a one-week suspended sentence. They later sought judicial review at the High Court, which referred the matter to the Chief Justice for certification as a constitutional case.

The ruling means the law criminalising begging remains in force in Malawi.