2 August 2014

Malawi: Court Rules Man Has Case to Answer Over Defecating in Well

Nkhotakota — Nkhotakota First Grade Magistrate Fred Juma Chilowetsa has ruled that basing on evidence given in the court, Bashir Mtenje has a case to answer over the allegation that he defecated on a communal well.

The magistrate then adjourned the case to 11 September 2014 when the accused, who is answering a charge of conduct likely to cause breach of peace against section 181 of the Penal Code, is expected to bring two witnesses to defend him.

Nkhotakota Police Spokesperson Williams Kaponda said the court heard through state prosecutor Charles Mughogho that on the afternoon of March 30, 2014, Alima Sumali went to draw water from the well which is within the village.

"As she was approaching the well, she saw a person squatting at the well yet naked. At first, she could not identify the person but when the person in question heard strange noise from the back, he turned and was immediately identified as Bashir Mtenje.

"With disbelief of what she saw, she hurriedly went back to the village and invited other villagers to witness this scandalous act. The villagers upon arriving at the well, they were amazed to see human feaces floating on the well which made them strongly believe that Bashir Mtenje had defecated in the well," he said.

Kaponda said later, the matter was reported to Group Village Headman Chunga who instantly summoned the suspect to hear on what had transpired.

"While at the chief's court, he was questioned on the matter and admitted to have done the act and apologized to the chief. The chief did not hesitate but to banish him from the village after giving him few days to get prepared.

"But after a short period, the suspect was still seen in the village and this prompted the village headman report the issue to Nkhotakota Police Station. On August 15, police arrested the suspect and charged him with the charge of conduct likely to cause breach of peace," said Kaponda.

The suspect, Bashir Mtenje, 48, hails from Chunga II Village in the area of Senior Chief Malengachanzi in Nkhotakota district.


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