Malawi Court Rejects Legalization of Same-Sex Marriage
Malawi’s Constitutional Court has dismissed a high-profile case seeking to legalize same-sex relationships, a ruling that has garnered mixed reactions from both state lawyers and LGBTQ+ rights advocates.
The case was brought forward by Jan Willem Akster, a Dutch national, and Jana Gonani, a Malawian transgender man. Both were arrested in 2021 on charges relating to sexual abuse and sodomy for Akster, and unnatural offenses for Gonani. They argued that Malawi’s anti-homosexuality laws violated their fundamental rights, including privacy and dignity.
However, the three-judge panel, comprising Judges Joseph Chigona, Vikochi Chima, and Chimbizgani Kacheche, rejected their arguments. Judge Chigona stated that the applicants did not provide sufficient evidence to show how the current laws discriminated against homosexuals or violated their rights.
In his ruling, Chigona noted that Akster could not demonstrate that his right to health was violated. He referenced Akster’s testimony about receiving satisfactory medical treatment at Zomba Central Hospital, without any discrimination based on sexual orientation.
The court also dismissed claims that Gonani’s right to privacy was breached when police officers ordered him to undress to confirm his transgender identity. Chigona upheld the legality of the police search under Malawi’s Criminal Procedure and Evidence Code.
The judgment, which took over six hours to deliver, was attended by minority rights activists and religious leaders. Michael Kaiyatsa of the Center for Human Rights and Rehabilitation expressed dissatisfaction with the ruling but refrained from detailed comments until reviewing the full written judgment.
Defense attorney Bob Chimkango acknowledged the procedural fairness but disagreed with the outcome. He indicated that a thorough analysis of the 135-page judgment would guide the next steps for his clients.
Frank Namangale, a spokesperson for the Ministry of Justice, expressed the government’s satisfaction with the ruling.
The ruling maintains the status quo, where same-sex relationships are illegal in Malawi, punishable by up to 14 years in prison. The court suggested that the applicants could seek legislative changes if they were unhappy with the judgment.
Source: VOA
