28/04/2026
๐๐๐ซ๐จ๐ง๐ ๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐ช๐ฎ๐ข๐ญ๐ฌ ๐๐ฐ๐จ ๐๐จ๐ฆ๐๐ง ๐ข๐ง ๐๐ซ๐๐๐๐ข๐๐ค๐ข๐ง๐ ๐๐๐ฌ๐
The Senior Resident Magistrateโs Court sitting at Karonga, presided over by His Worship Chikwakwa, has acquitted Miriam Mboma and Catherine Mwanganda, who were charged with trafficking in persons or, alternatively, attempted trafficking in persons.
The State alleged that in February 2026, the two accused persons trafficked or attempted to traffic Lonely Yesaya and Rosemey Pakizani to the Republic of Tanzania.
Being of insufficient means, the accused sought legal representation from the Legal Aid Bureau and were represented by Senior Legal Aid Advocate Chestone Kapote.
During trial, the alleged victims told the Court that due to difficult financial circumstances, they had been searching for employment opportunities. In the course of that search, they approached relatives of the accused persons in Dowa, who linked them to the accused persons residing and doing piece work in Mbeya, Tanzania.
Evidence before the Court showed that when the accused travelled to Malawi for other engagements, the alleged victims contacted them and arrangements were made for all parties to meet at Karonga Boma before travelling. A third woman, who presented herself as also seeking employment, joined the alleged victims in Dowa and travelled with them to Karonga.
At the Songwe Border, both the accused and the alleged victims were arrested and taken into custody, while the third woman was released after it emerged that she had been working with police officers.
In its submissions, the defence argued that for the offences of trafficking in persons or attempted trafficking in persons to be established under Sections 2, 14, and 21 of the Trafficking in Persons Act, the prosecution had to prove three essential elements: the act, such as recruitment or transportation; the means, including threats, coercion, or force; and the purpose of exploitation, such as forced labour or organ removal.
In its judgment, the Court held that the prosecution had failed to establish the offence of either trafficking in persons or attempted trafficking in persons. The Court agreed with the defence that there was no evidence of coercion, threats, or force, and observed that it was the alleged victims themselves who approached the accused persons for assistance in securing employment opportunities. The Court further found no evidence that the accused intended to exploit the alleged victims.
The Court consequently ruled that the State had failed to prove its case beyond reasonable doubt and acquitted the two women.
๐ทLAB Legal Aid Officer (right) with the two women and a husband to one of them.