Chancellor College legal scholar, Dr. Sunduzwayo Madise says having sex with a niece and other close relatives, is morally reprehensible but, is not illegal under the law of Malawi.
Malawians were woken -up hearing a story that a Nurse has been arrested for allegedly having sex with his 16 year old niece.
Dr. Madise says Malawians have to wait and see what charges will be proffered against the nurse as he is reported to have been transferred to Mwanza where he is to appear in court to answer the charge of defilement.
This is following a story reported that Police in Mwanza have arrested Patrick Ganizani, a Nurse at Mwanza District Hospital suspected of defiling his 16 year old niece.
According to media reports, the suspect was arrested by Limbe police officers on Sunday in a follow up of the case by one of the child rights organization, YouthNet Counseling (YONECO).
Writing on his official face book page, Dr. Madise says the maximum penalty for defilement is life imprisonment, saying if this girl is 16 years, then it cannot be defilement and if she is under the age of 16, then it can be defilement.
He said Section 157 of the Penal Code restricts incest to having sex with a granddaughter, daughter, sister, mother or grandmother, nieces are not included.
The Lawyer says he is not sure what the Nurse has been arrested for saying under Section 138 of the Penal Code, one can be charged with defilement for having sex with a girl who is less than 16 years.
