Some of the clients with ALAO Ngwira (middle).
The First Grade Magistrate Court sitting at Liwonde has discharged five residents of Waila Village, Traditional Authority Mposa in Machinga District, who had been charged with causing grievous harm contrary to section 235 of the Penal Code.
The accused, Sharif Abdulahman, Daudi Chikuni, Winesi Mawande, Sumaili Ishmael, and Shamida Abdulahman, were arrested following a violent confrontation between residents of Waila and neighbouring Mtambalika Village over a disputed football ground.
Court records show that the conflict erupted after Village Headman Waila converted the football field into a rice scheme, allocating the land to villagers whose fields were destroyed by flooding from Lake Chirwa. The development angered some members of Mtambalika Village who also used the ground for sports and recreation. They allegedly invaded Waila Village and assaulted several residents, including the five accused.
During the fracas, some individuals from Mtambalika sustained injuries and later reported the matter to police, leading to the arrest of the five from Waila.
One of the accused, Sharif Abdulahman, who had previously been assisted by the Legal Aid Bureau (LAB) in a civil matter, instructed his wife to seek legal assistance from LAB’s Machinga district office. The case was registered on 1 January 2024 and handled by Senior Legal Aid Advocate Louis Mwale, assisted by Assistant Legal Aid Officer Lovemore Ngwira.
In Court, Counsel Mwale submitted that the accused acted in self-defence after being provoked and attacked first. On the final judgement, the Court found that the accused were justified to defend themselves. However they used excessive force.
The Court faulted both parties for resorting to violence rather than using lawful dispute resolution mechanisms. Exercising its discretion under section 337(1) of the Criminal Procedure and Evidence Code, the Court discharged the five.
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