unlawful arrest

Colonial era police powers to effect indiscriminate mass arrests in Malawi declared unconstitutional

Police in Malawi, like those in other post-colonial African countries, have long enjoyed wide powers to round up, hold and threaten anyone with prosecution under the guise of crime prevention. Typically, these powers are exercised by way of mass arrests, locally known as ‘sweeping exercises’, targeting people the police regard as vagrants or who seem out of place. Though first enacted under colonial rule, these powers have remained on the statute books even after independence.

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In a newly-delivered decision, Judge Zione Ntaba has held that the law giving Malawian police power to conduct indiscriminate raids on the public – known locally as ‘sweeping exercises’ – is unconstitutional.

Transgender victim of police unlawful arrest and assault awarded damages

Police in Namibia have yet again come in for some tough criticisms by the courts of that country. This time because of the unwarranted harassment, unlawful arrest, assault and abuse meted out against a transgender woman who was picked up and forced into a police van, for no good reason.

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What makes this story unusual is that the victim of the police assault was a transgender woman. Otherwise, however, the tale of police brutality, carried out with an apparent firm belief in the aggressor’s impunity, is a story that is becoming increasingly common in the Namibian courts.

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