The limited facts available suggest the accused, Mr Banda, trafficked ten children, under the age of 14, from Mchinji to Dedza for the purpose of labour exploitation.
Malawi1st Instance:
Court: Magistrates Court
Location: Mchinji
Date of decision: c2005
Reference: Republic v Masautoso Banda, Criminal Case NO. 347 of 2005
1st Instance
Magistrates Court (Mchinji), 2005, convicted and sentenced.
Mr Banda was charged under sections 21 and 24 of the Employment Act (Malawi) for employing 10 persons under 14 years of age. He pleaded guilty and was sentenced to pay a fine of MWK5,000 (USD30) as well as MWK1,500 (USD9) to each victim for suffering for three days and for transport money to travel between Mchinji and Dedza. In the event of defaulting on these payments, the accused was sentenced to 11 months imprisonment.
Magistrates Court, Mchinji
1st Instance: Republic v. Masautso Banda, Criminal Case No. 347 of 2005
Primary source: Malawi Law Commission, Report of the Malawi Law Commission on the Development of Anti-Trafficking in Persons Legislation (2009).
The Malawi Law Commission referred to this case in illustrating how the Employment Act (Malawi) was unable to adequately punish perpetrators of trafficking in persons even though the formulation of the provision was arguably broad enough to capture offences which verge on trafficking.