Gay moratorium illegal, says Malawi Human Rights Commission

State funded Malawi Human Rights Commission (MHRC) says the executive arm of government has no powers to suspend any law in Malawi therefore the morotorim on gays is illegal and should be disregarded.

Dzonzi: Case stalls

Dzonzi: Case stalls

MHRC chairperson Justin Dzonzi, citing relevant laws, said it is only parliament that has such powers.

He said the executive arm of government should bring such bills to parliament either to completely legalise homosexuality or suspend the laws in the penal code.

Catholic bishops on Friday warned President Peter Mutharika against bowing down to donor pressure to legalise homosexuality.

Archbishop Thomas Msusa told Mutharika to tell donors back off on the matter.

Just hours after the meeting between the president and the catholic bishops at Kamuzu Palace in Lilongwe, minister of Foreign Affairs George Chaponda said the government would hold a referendum to get views of Malawians on whether homosexuality should be legal or not.

An Anglican clerk, Symon Matumbo told a church funded radio, Maziko that he would welcome a gay person in his church after intense counselling.

He said the Anglican church in Malawi just like all churches in Africa do not recognise homosexuality.

It is estimated there are 40000 people who practise homosexuallity in Malawi.

At a special programme on Friday on Radio Maria, veteran musician Lucius Banda said he does not regret that he is undemocratic on gay issues, saying they are against religion and culture.

He said govenment should not relent on their fight against homosexuaity which he said a threat against spiritual families.

Sheikh Dinalla Chabulika of Musllim Association of Malawi said in a radio interview gays and lesbians do not deserve forgivess, saying they will go to hell.

Ken Msonda of People’s Party says gays are worse than dogs while MCP and UDF say government shoullld folllow what the law says on homosexuallity.

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50 thoughts on “Gay moratorium illegal, says Malawi Human Rights Commission”

  1. Tt says:

    The bible was written by a bunch of idiots! If you say it was written or inspired by a god, then I am sorry to day that he (god) is one great imbecile, cruel and sadistic being! I would be very embarrassed to worship such a monster, given the contents of the bible! So, what ever you say about gays, the educated masses employ rational thought and objective evidence and Not ancient superstores dogma written for moronic sheep, oh I forgot that Jesus is the Shepherd and you are his flock of sheep!!!

  2. swiswiri mbewa says:

    We have our constitution that this Peter Mutharika swore to observe and protect. Now what is this about moratorium on homosexuality penal code?

  3. geiffrey lwanja says:

    What we are saying is no to gay in Malawi, just as we say no to robbery and theft.Just as thieves can be arrested,gays must be arrested.Just as thieves and robbers can repent and get deliverance from the demons that influence their action,gays can also repent and get their deliverance,period.

  4. Mbuya says:

    Why didnt ve MW Law Comm summon those who said all cashgaters be killed y only Msonda on gay issues?

    1. geiffrey lwanja says:

      I understand, Mr.Msondas reaction is based on the fact that it is unthinkable that we can be talking about legalising sin ie gayism.Did the govt legalise cashgatism?no.


    No matter how good the thesis is, no matter how arrogant the civil society organizations are…… not even the Law society strongly defends the thesis as regards GAY issues ……… Our voice as Malawians remains the same…. NO

    We really know what we are saying so please do not take us for a ride. whether you make a lot of noise using different forums and vessels our Answer will remain the same…… NO…….. A referendum will conclude this damn satanists. We really understands that behind every human right there is a demon face. ROMANS 1:22-28

  6. chimphonongo says:

    read Leviticus 18 vs 20 to 30 you will find answers there

  7. marko says:

    wen we say donars this dinars give them chance to take all of them on ther county Malawi we say no to gays pls fake them

  8. DR Andrew banda kaima says:

    We’re the obedience of God where do we take all of this? Does the bible teaching us such evil things? Time is around the corner these are the signs.

  9. cnkhuto says:

    When you are the president, you lead both sinful and God’s people. Malawians should now know that this problem started with us in 1994, the time we choose multiparty and democratic way of living and governing institutions. Today we are swallowing our own stupidity and we are shifting the blame to the leadership. I don’t understand, we are foolish. We need to reflect one more time and look at issues objectively. If we say, no gays in Malawi, do we mean these people will never exist? They do exist, that’s the fact. They play hide and that’s how everybody do when sinning. Chigololo supangura pamseu. You book a room and hide in that room. You don’t let your sin become public. Women are aborting in hospitals, houses and guest houses, no woman would let the abortion issue comes public. Homosexuals will exist as long as the devil exist and nobody will stop them. That’s why there is hell and heaven. Our constitution bars same sex union and no one would change that no matter how many times the will be presented. The marriage bill recognize a marriage as a union between a man and a woman and nothing else. As patriotic Malawians, we will encourage our president and cabinet to stand strong and lead Malawians towards referendum which will determine our destiny. We should be ready to support our destiny coz referendum will happen.

  10. Ayontho says:

    Jofwindo ndiwe chitsiru. Kukupeza ine nditha kupha ndekha.

  11. Aningo says:

    We are a bunch of hypocrites who hide behind religion in our blood thirstiness. Kodi osachimwayo ndi ndani? We are placing ourselves between a rock and a hard place

  12. Che Mopiha says:


  13. jofwido says:

    The Government of Malawi should quietly continue following the moratorium on gays because it is the right thing to do.

    The practice of homosexuality is strange for most people to understand; but what two adults do behind closed doors should be their business. Those of us who are heterosexual have engaged, and continue to engage, in questionable sexual acts including adultery, use of prostitutes, buggery and many others. Are these lesser sins because they are heterosexual?

    And the Catholic Church should the last to point an accusing finger at any one. It routinely looks the other way at errant priests and nuns. The priest who was caught humping a Zambian nun at KIA was simply transferred to Rome – he was not even defrocked. One could say that the Catholic Church (and indeed other churches) has its own moratorium when it comes to its lecherous clergy and laity.

    We need to approach the gay issue in Malawi with pragmatism and adherence to observance of human rights and not through hypocrisy. Ranting against gays does not make anyone holy; we all have too many skeletons in our closets…

  14. kenkkk says:

    Joseph banda,you are wrong. Parliament makes laws. If the law is deemed not right in certain areas, it is referred back to Parliament for amendment. The executive has absolutely no power to change or amend the law without tabling it back to Parliament.

    Pure arrogance and dictatorial if the govt does that. It doesn’t matter if jb also did the same as some have suggested here. Two wrongs don’t make it right.

    The govt’s response to donors should have been that the matter will be referred back to Parliament at the next session for consideration. Meanwhile the law should be observed as written. Donors would understand that.

    But this govt was ordered by the USA ambassador like kids to release the two gays and implement a moratorium. They obeyed and broke our law.

  15. What a Shame says:

    you cant use a referendum for minority rights for the obvious reason that the very nature of them being minority rights means those that need them recognised and upheld will lose when its put to a popular vote!

  16. william says:

    Wooo mmmmmmm zovuta izi

  17. Eli says:

    Yes,they dont deserve forgiveness

  18. John says:


  19. John says:


  20. manola says:

    If your spiritual family is so weak it needs government protection from homosexuals then it had better pack up move on now .

  21. Bob Chiswe says:

    True the suspension of gay Laws by the Executive Branch of Government is illegal but morally right. It is a necessary evil to protect gays at this time when the issue is under debate. Those rejecting gay rights are not different rom those fanatics in the early 90s who were booing women or wearing long trousers. The fanatics later realized there was nothing wrong with women wearing long trousers. The present ant gay fanatics are yet to realize how crazy and backward they are. No need or a referendum, it will be a waste o money like the referendum on multiparty politics

  22. Joseph Banda says:

    Bwana Dzonzi, UDINDOWU WAKUKULILANI. Here you have cheated Malawi nation. Parliament does not implement the laws but executive does. Morotorium on gays by government I think is to say the law passed by Parliament seems to be wrong for it to implement. Now stop it and hopefully to send it back to Parliament.

    IN ANY CASE NO GAYS IN MALAWI. Let them repent. Thank you Rev Maulana

  23. ngongoliwa says:

    Wot d u expect from Jessie kabwira?
    Apm too has a lot of pressure from his FRIENDS.Up to now, his stand is not known sad.

  24. The truth tellers says:

    To hell both who do it and those who surport that nonsense Alhamdulillah for our shekh for telling the truth and thanks to Lucius Banda you the man

  25. ezekiel says:


  26. Nathan says:

    Tawawuzekoni a Pitalawo kuti awawuze azungu kuti ma Gay ndi ma Lesbian amawononga chitukuko cha dziko. Ife tikakwatirana mkazi ndi mwamuna timabereka ana omwe amapititsa chitukuko cha dziko pa tsogolo. Koma ma Gay ndi ma Lesbian akakwatirana amuna kapena akazi okhaokha, sabereka, amangochita zolawula. Chonde mu Malawi zolawula ayi! Ndiye a Boma akuti achita referendum, basi anthu azasiye kugwira ntchito zawo kuti akapereke maganizo awo pa zopusa ngati izi? Ndiye pa Ballot paper adzafunsa kuti ‘A Malawi, kodi tidzikwatana amuna kapena akazi okhaokha!’

  27. Nathan says:

    Tawawuzekoni a Pitalawo kuti awawuze azungu kuti ma Gay ndi ma Lesbian amawononga chitukuko cha dziko. Ife tikakwatirana mkazi ndi mwamuna timabereka ana omwe amapititsa chitukuko cha dziko pa tsogolo. Koma ma Gay ndi ma Lesbian akakwatirana amuna kapena akazi okhaokha, sabereka, amangochita zolawula. Chonde mu Malawi zolawula ayi! Ndiye a Boma akuti achita referendum, basi anthu azasiye kugwira ntchito zawo kuti akapereke maganizo awo pa zopusa ngati izi? Ndiye pa Ballot paper adzafunsa kuti ‘A Malawi, kodi tidzikwatana amuna kapena akazi okhaokha!

  28. Abishayi says:

    no nid for discussion and meetings here……Ali bwino amapanga zobisa….let them come out in public awone zadule machende kumawathothola vuzi limoz limoz…..shame to dem parents amathanyulaaa

  29. Bob says:

    Malawi is a sick nation. God will punish us.

  30. the law does not recognise these dogs (gays) so the best solution is to kill them.

  31. the one who wants gay rights respected it means you must b one ov them and divorce ur wife coz ukulaula dziko.this is not america its africa malawi no dictatorship.why calling for referendum and yet you know malawians do NOT want thoose stupit things?kamuzu and bingu were really men of no nonsense.ooooo i wish kungokhla wina ngat onenof these people.lead well so that in the coming years peoplenshud vote for you.malawians we are different ur will c their true colours if it has been allowed.

  32. do not hide behind rights oxatilaula ife ife za chi america ayi

  33. wovinidwa Ine says:

    The government is on the right track here; it must uphold human rights for all, including LGBTs in this country.Otherwise we are heading into the dark ages, when human rights meant nothing. Like, during the proto-dictatorship of MCP and Kamuzu Banda.
    We do not want to be governed by referendums; where the views of the majority will invariably override those of the minority. Do we want minorities to be abused?
    “Gayism” is not NOT foreign. No! It existed right here, even before colonial occupation. Some of us have heard weird stories of sexual activity, between same and opposite sexes, from great grand parents who were around at the beginning of the 1900s. And many from all regions, who went to the old South Africa for “ganyu”, under WENELA and the like, will tell you that gay sex was not unheard of in the restricted and confined environment they lived in.
    And, religion has nothing to do with gayism.
    And it is wrong to conclude that everyone who opposes gayism is straight, and everyone who supports it practices gay sex!
    It’s a matter of human rights. And this is 2016! Aaaaaaa.

  34. Adog Life Style, The Donors Should Know That Any Country As Arepulic, Has Gote Its Culture Beliefs That Needs To Be Highly Respect As Arepublic, Poverty Should Not Make Us To Violet On What We Know And Beleave, If Thus An Acceptable Life, Why Mr Dzozi Did Not Marry Afail Man? Why Did Obama Dint Marry His Fellow Man? People Should Know That There Is No Any Human Rights That Should Be Practiced If It Is Not Having Its Foundation In The Bible, For Homesex Is Sin Before God. Ngati Mukufuna Kugwa Modzidzimusa Yeseleran Kupitiliza.

  35. zeze says:

    A polisi, ndi afalisi,
    A polisi, ndi a fisi,

  36. literary observer says:

    a poorly written story. Judgemental. Give us which sections of relevant law Dzozi cited. otherwise dont waste our time with your half baked story

  37. patrick says:

    if our grand parents were gays and lesbians who could lead us 2dy?

  38. Mlomwe says:

    DPP is for the gays.God have mercy on us we need strong,christian and undestandable president

  39. kenkkk says:

    If they give gays a referendum, surely federalism also deserves its own referendum. It is more important that thus gay issue. You federalists should also press this govt for a referendum.

  40. Prince says:

    Gays ma foot.the problem is dat instead of doing ur thing silently u go around preachin to us that u ar gays.ife chikutikhuza nchani

  41. DADA says:

    What exactly is the Law in Malawi on Homosexuality?

  42. Mtumbuka says:

    Anzathu amene mukuzimvetsa za Ma gays, can u pls help us to understand,
    if a gay man becomes Mrs so so so…. will they enter ladies toilets in work places and public places?? Nanga important documents like passport, License, azikhala female?? what about places like University Hostels, azikhala ku Ladies Hostels or Male hostels?? and for straight female to see a so called gay in female designated places eg, work place toilets, it is not a nightmare for them?? tatiuzeni, zimatani??

  43. Peter Wright says:

    Just how do two men engaging in sex in private threaten anyone else? Willful ignorance can never be condoned or forgiven. Are you the same people who expected everyone to act against Apartheid South Africa? What if they had said that being racist was part of their religion and/or culture? Now obviously homophobic and hate filled people of course do not want any Western aid because this is partly funded by openly and proud gay and lesbian people as well as enlightened heterosexual people who reject the hateful (and might i add very selective) parts of the bible. Your country and all homophobic African countries should reject Western Aid. Nor if you are homophobic should you even think about migrating to a western country because you are simply no longer welcome by the majority of Western citizens. Better still just get over your ignorant bigotry.

  44. What a Shame says:

    This Moratorium was put in place by Joyce Banda when Ralph Kasambara was the attorney General to suggest that it is something new and blame this current bunch is honestly dishonest even by the standards of PP and MHRC. I know some of you will say this couldnt be true but may I remind you that Sir Elton John lauded JBs government for suspending gay laws, dont take my word for it please google it! Now why has Mr Dzonzi and Ken Msonda suddenly become busy with their “helpful advice now that the moratorium that was put in place by their mother has to be observed? After all to further strengthen my case you may recall that when the people were first arrested for homosexuality in 2015 the EU/German ambassador asked when the moratorium was suspended. thwy were refering to JBs moratorium! again I ask when did mr Dzonzi ralise it was illegal and decide it was in the best interest to protest loudly? similarly when did Ken Msonda realise gays were less than dogs? before or after JB lost the presidency?

  45. Dominic Namarwa. says:

    Indeed these gays are worse than dogs let them go to hell.

  46. The Analyst says:

    APM is an epitome of an embarrassment of a Law Professor.
    The guy is very learned but has embarrassingly failed to show even a single trait of being educated.
    . . . Should APM be reminded that the intent of the International Council of Jurists is to promote legal professionalism?; and him being a member of the Council and a recipient of the 2008 Jurist Award, should have been the last person to bypass parliament in promoting lawlessness and jungle-justice?
    . . . Trust me politics is slowly robing APM of the integrity he has had and for so long, worked hard for; to build. He allows himself to be surrounded hence counseled by Tembenu when its well documented that Tembenu is overwhelmed with carrying a very enormous empty space upstairs.
    Also, not so long ago, the Marriage age, Divorce and Relations Bill was brought forth before him for analysis and assent. Despite glaring short-comings of the bill in being at variance with the constitution, he just assented to it.

    If being a Law Professor means wearing a mind whose cells do not have tails; then I better be the random vendor from Ndirande or Tsoka or Chibavi or Taifa or Zomba market; that I am.
    Otherwise, APM is an embarrassment to the whole legal fraternity.

  47. Nosu says:

    Our nation needs prayers to ask for God’s guidance on the matter. But let the church be the solution to the problem but not discriminating homosexuals. Let us deliver them from this demonic spirit.

  48. Tsanya says:

    Well done Malawi Human Rights, we should be guided by the laws of the land, even Parliament has no such powers, its power tn the people, call for a Refrendum let the majority rule.

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