Chief Justice Andrew Nyirenda yesterday heard Ken Msonda’s gay case to certify whether it should be handled as a constitutional matter according to Section 9 (2) and (3) of the Courts Act.
Nyirenda, however, reserved his determination on the matter as a ruling will be made at a date to be communicated later.
The hearing followed a ruling High Court Judge Redson Kapindu made on September 26 2016 which granted two rights minority activists—Centre for the Development of People (Cedep) executive director Gift Trapence and Centre for Human Rights and Rehabilitation (CHRR) executive director Timothy Mtambo—leave to apply for judicial review on the matter and also referred the case to the Chief Justice.
Speaking in an interview after presenting their arguments in the chamber, lawyer for the applicants Mwiza Nkhata said they maintained their position firmly that the matter should go to the constitutional panel and also that the constitutional panel should dispose of the matter in its entirety.
“We presented that once the matter goes to the constitutional panel, it should not go back to the High Court in Zomba.
Attempts to get a comment from Senior State advocate Apoche Itimu, who represented the Attorney General (AG), proved futile. n