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Malawi: Seeking accountability for unlawful detention of pregnant learners

SALC is working with Youth Watch Society (YOWSO) in Malawi on a case seeking the payment of damages for false imprisonment after a Magistrates Court decision to fine parents of students who were pregnant and those responsible for the pregnancies at a school in Malawi. This follows a judgment in April 2019 in the case of ON v Child Protection Team where the High court ruled that the detention of the learners was unlawful and breached their rights.

The case was filed in November 2016 and an application for default judgment is pending.

Christon Ghambi of CHRAM Associates is representing the Applicants.

On 28 September 2021, the High Court of Malawi, sitting at Mzuzu awarded damages for false imprisonment against the state.

ON v Child Protection Team High Court Judgment

News Releases
6 Oct 2021 – Malawi High Court awards damages for unlawful detention of pregnant learners.

Case in the news
7 Oct 2021 – Charged and found guilty of ‘being pregnant’, school learners now awarded damages in compensation.

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