Constitutional Court Hears Landmark Case to Decriminalize Begging in Malawi
Published on January 20, 2026 at 10:37 AM by Evance Kapito
A landmark legal battle to end the criminalization of begging has reached the Constitutional Court in Blantyre, as 13 persons with disabilities challenge laws they argue “penalize poverty.”
The 13 applicants, led by Janet Chinthenga, were originally arrested in 2017 during a police “sweeping exercise” in Blantyre. They were convicted of being “idle and disorderly” and given suspended sentences. Now, eight years later, they are asking a three-judge panel comprising John Mashikizo Chirwa, Anneline Kanthambi, and Chimwemwe Kamowa to strike down the law used to arrest them.
The Law Under Scrutiny The case targets Section 180 (b) of the Penal Code, which makes it a crime to “wander or place oneself in any public place to beg or gather alms.” Under current law:
A first offense carries a K1,000 fine and up to three months in prison.
Repeat offenses can lead to a K3,000 fine and six months behind bars.
Arguments for Change Represented by lawyers from the Southern Africa Litigation Centre (SALC) and the Centre for Human Rights Education Advice and Advocacy (CHREAA), the applicants argue that begging is a last resort for survival.
Their legal team contends that the law is overly broad and violates constitutional rights to dignity, economic activity, and freedom from discrimination. They point out that for many persons with disabilities in Malawi, begging is the only way to provide for their families due to a lack of employment opportunities and government support.
The court’s decision will determine whether begging remains a criminal offense or if the state must stop arresting vulnerable citizens for seeking help in public spaces.
NPL
