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The State, through the Director of Public Prosecutions (DPP) in the Ministry of Justice and Constitutional Affairs, Counsel Fostino Maele, has applied to the High Court Lilongwe District Registry to review the conviction of Ernest Chimpeni in a case involving sexual intercourse with a minor.
The application, contained in a notice dated January 20, 2026, seeks the court’s review of key legal and evidentiary issues arising from the judgment of the Mchinji Senior Resident Magistrate’s Court.
In particular, the DPP has asked the court to determine whether the conviction under Section 138(1) of the Penal Code was proper, given that the complainant presented a national identity card showing she was 19 years old at the time of the alleged offence. The court is also being asked to clarify whether Section 138(1) creates an offence of strict liability.
Chimpeni was convicted of having sexual intercourse with a minor. However, evidence suggests he believed the complainant was above 18 years old, based on the national ID she produced. Later, disputes between Chimpeni and the complainant’s parents led to a police report, with the parents testifying in court that their daughter was actually below 18 despite the ID indicating otherwise.
The High Court is now expected to review the matter and provide guidance on the legal questions raised by the DPP.
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