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<span>Beyond the Mob: A Legal Analysis of Mob Justice in Malawi and Its Implications for Constitutional Due Process</span>

Domaine:

peace and security
Créateur:
Pau
Éditeur:
Elsevier BV
Hôte:
Mob justice remains a persistent and troubling phenomenon in Malawi, where citizens increasingly take the law into their own hands, acting as accusers, judges, jurors, and executioners of alleged wrongdoers. Recent killings in Chikwawa and Nsanje districts-where at least eight innocent people lost their lives following false rumors about disappearing genitals-demonstrate the deadly consequences of this extra-legal practice. This article examines the phenomenon of mob justice in Malawi through the lens of constitutional due process, specifically analyzing its implications for Sections 16 (right to life), 19 (right to dignity), and 42 (rights of arrested and accused persons) of the Malawian Constitution. Drawing upon legal doctrinal analysis, theoretical frameworks including social disorganisation and deindividuation theory, and empirical findings from recent research, this article argues that mob justice represents not merely a criminal act but a systematic violation of fundamental human rights that undermines the constitutional order. The article concludes with recommendations for legal reform, judicial acceleration, and community-based interventions to restore public trust in formal justice institutions.

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