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Sexual violence against women and the criminal justice system's response in Malawi
Thesis (LLD (Freedom from Violence in Africa))--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613437573464064 |
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| access_status_str | Open Access |
| author2 | Probert, Thomas |
| author_browse | Probert, Thomas |
| author_facet | Probert, Thomas |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD (Freedom from Violence in Africa))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/105146 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:08.220Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/105146 Sexual violence against women and the criminal justice system's response in Malawi Probert, Thomas u20799927@tuks.co.za Heyns, Christof Ndhlovu, Stephen UCTD Sustainable Development Goals (SDGs) International human rights law Criminal justice system Sexual violence against women Access to justice and right to a remedy They duty to investigate Thesis (LLD (Freedom from Violence in Africa))--University of Pretoria, 2025. Sexual violence against women is an endemic problem globally. In Malawi, about 21% of women have experienced sexual violence at some point in their lives. However, there is limited literature investigating how the Criminal Justice System (CJS) responds to these cases. This thesis explores this topic, and particularly what key stakeholders perceive the shortcomings to be and what factors seem to prevent the Malawi CJS from complying with International Human Rights Law (IHRL). The study interrogates the laws, policies and institutions. The study employed a qualitative methodology. Data was collected through interviews, Focus Group Discussions (FGDs) and docket analysis. Interviews were conducted with police investigators and prosecutors at seven district police stations. Key Informant Interviews (KIIs) were also conducted at the national level with CJS officials and other stakeholders who either work with or support the CJS. FGDs were conducted with Community Victim Support Units (CVSUs) in 4 districts. A docket analysis was also deployed targeting all rape cases registered by MPS in 2017 in all the districts in Malawi. This study shows that while Malawi has criminalised various forms of sexual violence against women and developed a robust and harmonised policy framework, there remain significant legal, policy and institutional gaps that are barriers to access to justice for victims of sexual violence against women. This thesis suggests that Malawi should consider establishing an independent National Prosecutions Authority/Agency (NPA) to offload the challenges associated with the prosecution of cases. Malawi should also consider enacting a Sexual Offences Act (SOA) that harmonises all sexual crimes-related laws, incorporating aspects that are currently missing in the laws and redefining the sexual offences according to international standards. Centre for Human Rights LLD (Freedom from Violence in Africa) Unrestricted Faculty of Laws SDG-05: Gender equality SDG-16: Peace,justice and strong institutions 2025-11-06T12:38:42Z 2025-11-06T12:38:42Z 2025-12-10 2024-10-31 Thesis * D2025 http://hdl.handle.net/2263/105146 10.25403/UPresearchdata.30527018 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) International human rights law Criminal justice system Sexual violence against women Access to justice and right to a remedy They duty to investigate Sexual violence against women and the criminal justice system's response in Malawi |
| title | Sexual violence against women and the criminal justice system's response in Malawi |
| title_full | Sexual violence against women and the criminal justice system's response in Malawi |
| title_fullStr | Sexual violence against women and the criminal justice system's response in Malawi |
| title_full_unstemmed | Sexual violence against women and the criminal justice system's response in Malawi |
| title_short | Sexual violence against women and the criminal justice system's response in Malawi |
| title_sort | sexual violence against women and the criminal justice system s response in malawi |
| topic | UCTD Sustainable Development Goals (SDGs) International human rights law Criminal justice system Sexual violence against women Access to justice and right to a remedy They duty to investigate |
| url | http://hdl.handle.net/2263/105146 |