News / National
Police arrest female sex workers using outdated laws - Judge rules
28 Mar 2016 at 10:08hrs | Views
Police are a still arrested unsuspected women based on a law that was scrapped in 2006.
Most women are being arrested under for a non-existent crime of loitering for the purposes of prostitution, which was provided for under Section 4 of the Miscellaneous Causes Act that was repealed in 2006.
Under the new law, the Criminal Law (Codification and Reform) Act, there is no longer a crime called loitering for the purposes of prostitution.
Last year, the Constitutional Court ruled against the routine arrest of women on allegations of soliciting for paid sex in the streets.
This come after a Bulawayo High Court judge Justice Nokuthula Moyo ruled that the arrest and fining of three local women, for allegedly loitering for the purposes of prostitution.
Moyo ordered the police to refund them within two weeks.
She made the ruling following a court application by Lindiwe Moyo, Lingiwe Moyo and Renny Sithole citing the Minister of Home Affairs Ignatius Chombo, Police Commissioner-General Dr Augustine Chihuri, the officer-in-charge of Bulawayo Central Police Station, Inspector Loyiso Mpofu and one Constable Chipfira as respondents.
The three, through their lawyers, Phulu and Ncube Legal Practitioners, accused the police of violating their constitutional rights and detaining them unlawfully.
The trio was arrested on April 17, 2015 shortly after 5am while standing outside Golden Grill food outlet situated between Fort Street and 10th Avenue .
They denied any wrongdoing, saying they were forced to pay admission of guilt fines.
"The arrest of the applicants on April 17, 2015 is hereby declared illegal and their subsequent payment of admission of guilt fines is declared invalid and they are therefore entitled to a refund for the money paid as fines," ruled Justice Moyo.
The judge also ordered Inspector Mpofu and his subordinate, Constable Chipfira to pay the legal costs.
Most women are being arrested under for a non-existent crime of loitering for the purposes of prostitution, which was provided for under Section 4 of the Miscellaneous Causes Act that was repealed in 2006.
Under the new law, the Criminal Law (Codification and Reform) Act, there is no longer a crime called loitering for the purposes of prostitution.
Last year, the Constitutional Court ruled against the routine arrest of women on allegations of soliciting for paid sex in the streets.
This come after a Bulawayo High Court judge Justice Nokuthula Moyo ruled that the arrest and fining of three local women, for allegedly loitering for the purposes of prostitution.
Moyo ordered the police to refund them within two weeks.
She made the ruling following a court application by Lindiwe Moyo, Lingiwe Moyo and Renny Sithole citing the Minister of Home Affairs Ignatius Chombo, Police Commissioner-General Dr Augustine Chihuri, the officer-in-charge of Bulawayo Central Police Station, Inspector Loyiso Mpofu and one Constable Chipfira as respondents.
The three, through their lawyers, Phulu and Ncube Legal Practitioners, accused the police of violating their constitutional rights and detaining them unlawfully.
The trio was arrested on April 17, 2015 shortly after 5am while standing outside Golden Grill food outlet situated between Fort Street and 10th Avenue .
They denied any wrongdoing, saying they were forced to pay admission of guilt fines.
"The arrest of the applicants on April 17, 2015 is hereby declared illegal and their subsequent payment of admission of guilt fines is declared invalid and they are therefore entitled to a refund for the money paid as fines," ruled Justice Moyo.
The judge also ordered Inspector Mpofu and his subordinate, Constable Chipfira to pay the legal costs.
Source - Herald
