AG challenges ruling on gays
The Attorney General (AG) will appeal against Justice Dunstain Mwaungulu’s Monday ruling which threw out the AG’s application to stop proceedings of reviewing convictions of three men involved in homosexuality.
The AG wanted the proceedings stopped, arguing the three should have applied for certification of the case from the Chief Justice, but Mwaungulu dismissed the application.
The judge said the Chief Justice’s certification was not mandatory and that the case, though examining constitutionality of laws that criminalises homosexual, was a confirmation matter of convictions made by magistrate courts in Blantyre.
Ministry of Justice and Constitutional Affairs spokesperson Apoche Itimu confirmed on Tuesday that the State is preparing grounds of appeal to be filed soon.
She said the AG chamber is not satisfied with the ruling made at the High Court in Blantyre.
The AG, represented by lawyer Tione Namanja, had argued that the commencement of the matter was irregularly done, but Mwaungulu, citing some laws, dismissed the application and proceeded with the matter.
The case, which has been adjourned to March 17 for substantive hearing, attracted a dozen of lawyers representing different friends of court.
The friends of court included the Malawi Law Society (MLS), the Centre for Development of People (Cedep), the Centre for Human Rights and Rehabilitation (CHRR), the Law Faculty at Chancellor College and UNAids.
All parties, including Malawi Congress Party (MCP) president Lazarus Chakwera’s son, Pastor Nick Chakwera, who is siding with the AG to oppose repealing of laws that criminalise homosexuality, have been asked to prepare and present their submissions.
