By: Lloyd M’bwana
The country’s High Court seating in Mzuzu on Tuesday, February 9 threw out government’s moratorium on gays pending for judicial review which means that the police will arrest those found indulging in homosexual activities in respect of the Malawi’s constitution.
The court’s determination on the matter followed an injunction sought by Young Pastors Coalition of Malawi through their lawyer George Kadzipatike.
The men of God wondered why government was protecting gays their actions arguing that the act was unconstitutional vowing to fight hard in a bid to protect the laws of the land.
After successfully submitted relevant documents in the court, Judge Dingiswayo Madise granted the clergies an injunction stopping all decisions Minister of Justice and Constitutional Affairs made to protect gays eventually demanding Director of Public Prosecution (DPP) to prosecute those found indulging in gay activities and further asking the police arrest such people.
The court ruling on the case number 17 of 20126 will directly needs a response from the Ministers, DPP and the police.
“That an order of injunction be and hereby granted restraining the 2nd and 3rd respondents (the DPP and Malawi Police Service) their agents servants or whosoever from continuing to cease arresting and prosecuting suspects of homosexuals offenses or offenses relating to carnal knowledge against the order of nature as prohibited by section 153 of the Penal Code, Chapter 7:01 of the Laws of Malawi”, reads a stay order dated February 9, 2016 which the Maravi Post sourced from the court.
The court has further asked the applicants to file an inter party summons for continuation of the interlocutory reliefs within seven days from the date of granting of the order and that the inter partes summons be held within a fortnight.
The ruling comes barely a day following the incident happened on Monday, February 8, in the capital Lilongwe’s at crossroads hotel when a group of unidentified men beat up a renowned gay who resides in Area 25 leaving him with deep would on his face.
The gay suspect identified as Kelvin Gomani who owns a garment shop at Crossroads hotel allegedly proved the wrath of the people when he was seen kissing a fellow man at his home.
Gomani was one of suspect which the Malawi Police through Kanengo station arrested in December 7, 2015 on suspicion that he was engaging in homosexual acts with Cuthbert Kulemera in their house at Area 25 Township but their charges were dropped amid American and Germany governments’ pressure to release the two.
Homosexuality is a criminal offence under the laws of Malawi and those found guilty of practicing it are reliable to stay in jail for 14 years with hard labour.
Some years ago, Malawi witnessed the first homosexual couple holding public engagement ceremony-that of Tiwonge Chimbalanga and Steve Muwonjeza who received a lot of condemnations from the general public of their acts subsequently, the court slapped them with 14 years in jail.
However, their sentence was overturned by the late President Bingu WA Mutharika who forgave them after being pressurized by the visiting United Nations (UN) Secretary General Ban Ki Moon when the saga surfaced.