Law Commission Plans Stand-Alone Law to Curb Child Marriages

The Malawi Law Commission is planning to introduce stand-alone legislation to address child marriages, citing gaps in the existing legal framework that make it difficult to effectively prosecute offenders.

Speaking during a national consultative workshop, Special Law Commission Chairperson Lyson Kandu said the proposed law would provide a clearer legal basis for handling child marriage cases and strengthen efforts to eliminate the practice.

Kandu said the Commission had identified weaknesses in existing laws, making it necessary to establish specific legislation to address child marriages as a distinct offence.

“This law has been introduced because the Commission observed that there are gaps in the already established legal framework,” he said.

He cited figures indicating that 38 percent of children in Malawi are involved in child marriages, describing the situation as a serious concern. He added that the Commission plans to submit the proposed legislation to Parliament next year for consideration.

Senior Chief Mlolo welcomed the initiative, saying the proposed law was long overdue and could ease the burden on traditional leaders who frequently handle child marriage cases in their communities.

She, however, called for the legislation to distinguish between cases involving adults and children and those involving two children, arguing that penalties should reflect the circumstances of each case.

Malawi Law Commission Commissioner Rose Kanyika said a stand-alone law would also help prosecutors bring child marriage cases before the courts more effectively.

She noted that the current fragmented legal framework could create uncertainty over which laws should apply in particular cases.

If adopted by Parliament and granted presidential assent, the proposed legislation would become law, providing a dedicated legal framework for addressing child marriages in Malawi.