Updated 11:55:45
Reports from Blantyre Magistrates court indicate that Magistrate Peter Kandulu has discontinued the case against politician Kennth Msonda who was being charged with inciting people to ‘kill homosexuals’.
Magistrate Peter Kandulu at Blantyre Court has discontinued the case after the state moved to discontinue it in pursuant to Section 77 (1) of the Criminal Procedure and Evidence Code.
Kenneth Msonda has used very strong language on Facebook that homosexuality is a sin and the people who practice it do not deserve human rights but to be killed.
It was on the basis of these remarks that Centre for Peoples Development (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) decided to drag Mr Msonda to court to answer a charge of incitement to break the law under section 124 (1) (b) of the Penal Code.
The Section states that “any person who, whether in writing or by words or by his behaviour or otherwise— (a) solicits or incites any other person to fail to comply with or to contravene any law in force in Malawi or in any part thereof; or (b) indicates or implies to any person that it would be incumbent or desirable to fail to comply with or to contravene any such law, shall be liable to imprisonment for five years.”
According to the Section, claims that one’s incitement could not lead to actual violence cannot be used as defence.
Apparantly Mary Kachale decided against persuing the case at the moment. Kenneth Msonda has already started receiving Congratutory Messages on his Facebook status.
Mulungu amamenya nkhondo ana ake aliphe; Ken Msonda’s ‘kill gay’ case discontinued! gays are worse than dogs;
