Battle lines drawn on gays
The High Court in Blantyre is today (Monday) expected to start sitting to review convictions of three men serving long prison terms for their involvement in homosexuality.
The men convicted in 2011 by magistrates’ courts in Malawi’s commercial capital, Blantyre are Amon Champyuni, Mathews Bello and Mussa Chiwisi.
Gay activists, according to documents filed, want the court to declare the laws that criminalise homosexuality unconstitutional.
The Malawi Law Society (MLS), a grouping of lawyers recognised by the law with mandate to represent and protect the interests of Malawians among other mandates, is in support of the gay activists, according to the documents filed.
The MLS argues as long as same-sex relationships are consensual and done in private, no one has business to get bothered, hence agreeing with the gay activists that the laws that criminalise homosexuality be declared unconstitutional.
But government, which is fully aware that the court’s decision on the matter would be an ultimate make or break for Malawi in as far as gay issues are concerned, wants the whole proceedings stopped.
The State, through the Attorney General’s (AG) chamber, according to the documents filed, argues that the applicants have flouted procedures.
Government lawyers, who walk to the court today to fight for suspension of the whole matter, argue that in normal circumstances, the applicants (the convicted men) should have applied to the Chief Justice to seek consent to have the matter heard by a constitutional court, which they never did.
As far as the State lawyers are concerned, the convictions of the three men, were nothing but criminal; hence they fault the procedure taken.
Centre for Development of People (Cedep) is in the forefront fighting to have some sections in the Penal Code that criminalise homosexuality declared unconstitutional.
Chief State Advocate Dr Zolomphi Nkowani leads the State team to oppose the proceedings.
According to sources within the Law Society, the decision for MLS to side with the gay activists has ruffled a few feathers as some members are arguing the membership was not consulted and it was a decision only made by the MLS executive.
The gay issue has been an emotive matter as donors and the United Nation have been calling on Malawi to accept gays and repeal laws that criminalise same-sex relationships.
Former president the late Bingu wa Mutharika, under pressure from the international community, was forced to pardon Steve Monjeza and Tionge Chimbalanga, convicted to a maximum 14-year jail term each.
Money can really make people lose their senses.Dont make evil and dehumanising rights be be human rights.God the creater and master designer forbide same sex marriage so who are you to go againist your creator.just know that ur not fighting againist people but GOD.my the grace of God be unto you.
Really? Why are we always carried away by the selfish western nations and their puppets? If the issues of homosexuality are really issues about minority rights which have to be addressed by us as a nation, I would ask that those nations that are backing the organisations fighting for the rights of homosexuals to also fight for the rights of western nationals who would want to get involved in polygamy as we do in our country. Polygamy is not a criminal act in Malawi and yet we don’t force any nation that considers it as a criminal act to stop criminalising it. Why then should such nations force us to dicriminalise homosexuality??? Please cedep and others, tell your pay masters to clean their house first before forcing us to clean ours.
1. “But government … wants the whole proceedings stopped.”
Government can want all it likes, but the Judiciary is independent of it and can do what it feels it must.
2. The State’s position is a bit odd. President Banda said at her first opening of Parliament that she wanted to see the anti-homosexuality laws repealed as a matter of urgency. I hope that she has instructed the Chief State Advocate, Dr Zolomphi Nkowani, to just make a bit of noise, but not to make any compelling arguments to have the proceedings halted.
3. I wish that the media would give us a few facts about the cases of the three men convicted of the homosexual offences. In each case, only one man was convicted, so one wonders if they used coercion when committing the offences or if the acts were entirely consensual.
mudzafa imfa yowawa mukazachita zimenez
This issue of homosexuality is primitive and only shows clearly the illiteracy,intolerance,hate and hypocrisy in the country. Religious Leaders preaching hate against God’s Children! Islam calling for non negotiable death to homosexuals. We all know about Islam!.. It is obvious to the world why Malawi is still in the Stone age. After 50 years of Donor Dependence and begging from others, the country remains one of the poorest on Earth. People still live in Mud Houses. Those that build a shelter do so with home made bricks and mud as cement covered with cheap zinc. Roads in the country are better used for Oxcarts (cows pulling a box with wheels), electricity almost does not exist. This after USA donated millions of dollars for this cause.Water is intermittent. The so called Hospitals are better suited for Cattle not human beings. In addition to that there are no medicines in the hospitals(people are dieing like flies). Cash Gate tells the world and Donors that the country is extremely corrupt. The shooting of peaceful demonstrators do not happen in a democracy. Is this a country that wants Foreign Tourists?We see an ad on television here in the USA to visit Malawi..FOR WHAT?.. Sounds like am awful ungodly place. The Government wants the proceedings against the men stopped because it is against your so-called constitution. The Government knows the World and Donors are watching. They cannot be mistreated under a unconstitutional law. This will set the pace for this law and that is what the Government fears. Free those men..It is high time Malawi focus on real issues..CASH GATE is a real issue..Not what two consenting adults who are born that way do privately. God is Love…Maybe one day Malawi will exit the Stone Age and catch up with the rest of the civilized world..Education is key……
God create A man and A woman