2011 Malawian Air Fouling Legislation
Encyclopedia
The 2011 Malawian Air Fouling Legislation is a section of the Local Courts
bill submitted to the parliament of Malawi
in February 2011 that bans fouling the air. When the Minister of Justice claimed that the bill made farting
in public illegal, the story made headlines around the world. Later, the minister retracted his statement.
in any place so as to make it noxious to the public to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way shall be guilty of a misdemeanour".
The bill would also punish "any person disturbing religious assemblies, trespassing on burial places," or "insulting the modesty of a woman", as well as citizens who hinder the burial of dead bodies and people who pretend to be fortune tellers.
Speaking in January 2011 on Capital Radio Malawi
s popular "Straight Talk" program, George Chaponda
, Minister for Justice and Constitutional Affairs, said the legislation bans farting
in public places and makes it an official criminal offense.
He said: "Would you be happy to see people farting anyhow? ... Just go to the toilet when you feel like farting".
Chaponda said that people had felt free to fart anywhere since Malawi embraced multi-party politics 16 years earlier.
He said "It was not there during the time of dictatorship because people were afraid of the consequences. Now because of multipartism or freedom, people would like to fart anywhere".
He added "Nature can be controlled... it becomes a nuisance if people fart anywhere".
distributed the story, saying "farting in public will no longer be just rude and discourteous to others, it will now be a crime".
It was quickly picked up by the foreign press, particularly the British tabloids, who had a field day.
The Daily Mail
headline was "Better in than out: African country set to make breaking wind a crime", and the story went on to discuss possible "miscarriages of justice as 'criminals' attempt to blame others for their offence".
The Daily Mirror had the headline "Breaking wind is to become a crime in Malawi" and added "and it is already causing a stink".
The Daily Express
headline was "Law that put the wind up for you… Malawi bans flatulence”.
The Register
added a sub-headline: "Clampdown on undisciplined bowels".
Celebrity blogger Perez Hilton
titled his story "No More Farting Around In Malawi!" and ended his blog with the appeal "C'mon! Just let people let 'em rip!"
Comedian Whoopi Goldberg
said when it comes to flatulence, "sometimes there’s more room out than in". She recommended that the law include the principle of "he who smelt it, dealt it".
reported that the Solicitor General Anthony Kamanga
had contradicted Chaponda, saying the legislation referred to pollution.
He said fouling of the air can be done by burning tyres, rubbish and old computers or smoking, and thus spoiling the atmosphere of the neighborhood.
Kamanga said "How any reasonable or sensible person can construe the provision to criminalizing farting in public is beyond me".
Reporting the controversy, The Registers story was headed "Big stink over Malawi farting ban: Solicitor general challenges trouser cough clampdown".
Later, Chaponda retracted his remarks, saying he had not read the proposed bill before commenting.
The head of Capital Radio, which had aired the interview, signed an agreement with the government on 14 February 2011 in which the media committed to refrain from reporting stories that would destroy the image and credibility of the country.
Traditional Courts in Malawi
In Malawi a system of Traditional Courts have been used for much of the twentieth century to prosecute crimes and mediate disputes. The current government of Malawi has proposed an expansion of this system...
bill submitted to the parliament of Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
in February 2011 that bans fouling the air. When the Minister of Justice claimed that the bill made farting
Flatulence
Flatulence is the expulsion through the rectum of a mixture of gases that are byproducts of the digestion process of mammals and other animals. The medical term for the mixture of gases is flatus, informally known as a fart, or simply gas...
in public illegal, the story made headlines around the world. Later, the minister retracted his statement.
Legislation and interpretation
The relevant clause in the bill reads: "Any person who vitiates the atmosphereAtmosphere
An atmosphere is a layer of gases that may surround a material body of sufficient mass, and that is held in place by the gravity of the body. An atmosphere may be retained for a longer duration, if the gravity is high and the atmosphere's temperature is low...
in any place so as to make it noxious to the public to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way shall be guilty of a misdemeanour".
The bill would also punish "any person disturbing religious assemblies, trespassing on burial places," or "insulting the modesty of a woman", as well as citizens who hinder the burial of dead bodies and people who pretend to be fortune tellers.
Speaking in January 2011 on Capital Radio Malawi
Capital Radio Malawi
Capital Radio Malawi is a radio station in Malawi that was launched on 29 March 1999 by journalist Alaudin Osman.The station broadcasts across all three regions of Malawi, and covers the urban centers of Blantyre, Zomba, Lilongwe, Mangochi and Mzuzu...
s popular "Straight Talk" program, George Chaponda
George Chaponda
Dr. George T. Chaponda born , is a Malawian diplomat and politician. He is currently the Minister for Justice and Constitutional Affairs....
, Minister for Justice and Constitutional Affairs, said the legislation bans farting
Flatulence
Flatulence is the expulsion through the rectum of a mixture of gases that are byproducts of the digestion process of mammals and other animals. The medical term for the mixture of gases is flatus, informally known as a fart, or simply gas...
in public places and makes it an official criminal offense.
He said: "Would you be happy to see people farting anyhow? ... Just go to the toilet when you feel like farting".
Chaponda said that people had felt free to fart anywhere since Malawi embraced multi-party politics 16 years earlier.
He said "It was not there during the time of dictatorship because people were afraid of the consequences. Now because of multipartism or freedom, people would like to fart anywhere".
He added "Nature can be controlled... it becomes a nuisance if people fart anywhere".
Reaction
ReutersReuters
Reuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
distributed the story, saying "farting in public will no longer be just rude and discourteous to others, it will now be a crime".
It was quickly picked up by the foreign press, particularly the British tabloids, who had a field day.
The Daily Mail
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...
headline was "Better in than out: African country set to make breaking wind a crime", and the story went on to discuss possible "miscarriages of justice as 'criminals' attempt to blame others for their offence".
The Daily Mirror had the headline "Breaking wind is to become a crime in Malawi" and added "and it is already causing a stink".
The Daily Express
Daily Express
The Daily Express switched from broadsheet to tabloid in 1977 and was bought by the construction company Trafalgar House in the same year. Its publishing company, Beaverbrook Newspapers, was renamed Express Newspapers...
headline was "Law that put the wind up for you… Malawi bans flatulence”.
The Register
The Register
The Register is a British technology news and opinion website. It was founded by John Lettice, Mike Magee and Ross Alderson in 1994 as a newsletter called "Chip Connection", initially as an email service...
added a sub-headline: "Clampdown on undisciplined bowels".
Celebrity blogger Perez Hilton
Perez Hilton
Mario Armando Lavandeira, Jr. , better known as Perez Hilton , is an American blogger and television personality. His blog, Perezhilton.com , is known for posts covering gossip items about celebrities...
titled his story "No More Farting Around In Malawi!" and ended his blog with the appeal "C'mon! Just let people let 'em rip!"
Comedian Whoopi Goldberg
Whoopi Goldberg
Whoopi Goldberg is an American comedian, actress, singer-songwriter, political activist, author and talk show host.Goldberg made her film debut in The Color Purple playing Celie, a mistreated black woman in the Deep South. She received a nomination for the Academy Award for Best Actress and won...
said when it comes to flatulence, "sometimes there’s more room out than in". She recommended that the law include the principle of "he who smelt it, dealt it".
Retraction
On 4 February 2011, the BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
reported that the Solicitor General Anthony Kamanga
Anthony Kamanga
Anthony D. Kamanga is a lawyer who has held various senior official positions in Malawi, and as of 2011 was the Solicitor General.-Career:Mamanga earned an LLB in Malawi in 1978, an LLM in Toronto, Canada in 1982 and a Diploma in Legal Drafting in Ottawa, Canada in 1993.He was appointed Senior...
had contradicted Chaponda, saying the legislation referred to pollution.
He said fouling of the air can be done by burning tyres, rubbish and old computers or smoking, and thus spoiling the atmosphere of the neighborhood.
Kamanga said "How any reasonable or sensible person can construe the provision to criminalizing farting in public is beyond me".
Reporting the controversy, The Registers story was headed "Big stink over Malawi farting ban: Solicitor general challenges trouser cough clampdown".
Later, Chaponda retracted his remarks, saying he had not read the proposed bill before commenting.
The head of Capital Radio, which had aired the interview, signed an agreement with the government on 14 February 2011 in which the media committed to refrain from reporting stories that would destroy the image and credibility of the country.