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The Chilobwe Murders Trial

Published online by Cambridge University Press:  23 May 2014

Paul Brietzke
Paul Brietzke*
Affiliation:
Haile Sellassie I University
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Extract

Despite scant advance publicity, the hot and airless court-room of Malawi's Southern Regional Traditional Court was filled to overflowing on October 19, 1971, to hear the case against Walla Laini Kawisa. Every lawyer and senior civil servant who could possibly arrange it was there. The Police had cordoned off the area surrounding the Court. A huge crowd stood behind the barrier in an attempt to catch a glimpse of the proceedings. On the bench were three elderly chiefs, a legally-qualified magistrate and a young Judge from a lower Traditional Court. Police Superintendent Phuza prosecuted, assisted by the Attorney General and a senior CID officer. Kawisa was unrepresented and pleaded guilty to three counts involving eight murders. The Prosecutor told the Court that the accused had agreed to have other charges taken into account. Kawisa impassively pleaded guilty each time the details of a charge were read, causing a stir in the courtroom. On October 30, 1971, after an arduous presentation of the case by the Prosecutor, Kawisa was found to be solely responsible for thirty-one murders and fifteen attempted murders. Reading the Judgement, Chief Chikumbu said:

This never took place during the colonial days; but today it is proved that the accused wanted to overthrow the Government by murdiring (sic) these people… I have concluded that the accused is guilty or has done something bad. The accused should be hanged, and is not allowed to appeal.

Type
Research Article
Information
African Studies Review , Volume 17 , Issue 2 , September 1974 , pp. 361 - 379
Copyright
Copyright © African Studies Association 1974

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References

REFERENCES

Barnes, J. (1969) “The Politics of Law,” p. 95 in Douglas, M. and Kaberry, P. (eds.) Man in Africa. London: Tavistock.Google Scholar
Bohannan, P. (1960) “Theories of African Homicide and Suicide,” p. 3 in Bohannan, (ed.) African Homicide and Suicide. Princeton: Princeton University Press.Google Scholar
British Central Africa Order in Council (1902) s. 20 (a).Google Scholar
Brietzke, P. (1973) “Witchcraft and Law in Malawi.” East African Law Journal, Volume 8:1.Google Scholar
Brietzke, P. (1974) “Murder and Manslaughter in Malawi's Traditional Courts.” (forthcoming, Journal of African Law.)CrossRefGoogle Scholar
Cloward, . (1969) “Illegitimate Means, Anomie and Deviant Behaviour,” p. 556 in Coser, L. and Rosenberg, B. (eds.) Sociological Theory, Third Edition. London: Macmillan.Google Scholar
Economist, The (1969) “4 Judges, 1 Exodus,” November 29, p. 41.Google Scholar
Field, M. (1960) Search for Security. London: Faber and Faber.Google Scholar
Gelfand, M. (1964) “Psychiatric Disorders as Recognized by the Shona,” p. 156 in Kiev, A. (ed.) Magic, Faith and Healing. New York: Free Press.Google Scholar
Ghai, Y. and McAuslan, W. (1970) Public Law and Political Change in Kenya. Nairobi: Oxford University Press.Google Scholar
Hansard, (1969) November 17: 56, 59. Zomba: Malawi Government Printer.Google Scholar
Hansard (1971) December 7: 222–5. Zomba: Malawi Government Printer.Google Scholar
Holy|Bible. King James Version.Google Scholar
Laws of Malawi (1973a) Penal Code, Cap. 7:01. Zomba: Government Printer.Google Scholar
Laws of Malawi (1973b) Traditional Courts Act, Cap. 3:03, Zomba: Government Printer.Google Scholar
Local Courts Amendment Act, No. 31 of 1969. Zomba: Malawi Government Printer.Google Scholar
Kiev, A. (1972) Transcultural Psychiatry. Harmondsworth: Penguin.Google Scholar
Malawi News (1971) October 29: 1–2.Google Scholar
Malawi Times (1971) December 9: 1.Google Scholar
Mead, M. (1969) “The Psychology of Punitive Justice,” p. 578 in Coser, L. and Rosenberg, B. (eds.) Sociological Theory, Third Edition. London: Macmillan.Google Scholar
Mensh, I. (1965) “Psychopathic Conditions, Additions and Sexual Deviations,” p. 1058 in Wolman, B. (ed.) Handbook of Clinical Psychology. New York: McGraw-Hill.Google Scholar
Merton, R. (1957) Social Theory and Social Structure. Glencoe: Free Press.Google Scholar
Milner, A. (1966) “M'Naghten and the Witchdoctor…,” University of Pennsylvania Law Review. Volume 114:1134.CrossRefGoogle Scholar
Mizruchi, E. (1969) “Success and Opportunity,” p. 543 in Coser, L. and Rosenberg, B. (eds.) Sociological Theory. Third Edition. London: Macmillan.Google Scholar
Parker, Chief Justice (1962) “Practice Note,” 1962 All England Law Reports, Volume 1:448.Google Scholar
Rangeley, W. (1949) “Notes on Chewa Tribal Law,” Nyasaland Journal, Volume 1, No. 3:5.Google Scholar
Regional Traditional Courts (Criminal Jurisdiction) (No. 2) Order, 1970. Zomba: Malawi Government Printer.Google Scholar
Rhodesia Herald, The (1972) June 30: 3.Google Scholar
Seeman, . (1969) “On the Meaning of Alienation,” p. 510 in Coser, L. and Rosenberg, B. (eds.) Sociological Theory, Third Edition. London: Macmillan.Google Scholar
Seidman, R. (1966) A Source-Book of the Criminal Law of Africa. London: Sweet and Maxwell.Google Scholar
White Paper 002 of 1965. Zomba: Malawi Government Printer.Google Scholar