Malawi boy, gay rape suspect had an affair – Police report

A 19-year-old boy in Mzuzu who claimed to have been a victim of anual sex rape by the Centre for the Development of People (Cedep) assistant project officer Ishmael Makhuludzo, was actually in an affair with the suspect according to an investigation  report compiled by Malawi Police as seen by Nyasa Times.

Makhuludzo: Pleaded not guilty

Makhuludzo: Pleaded not guilty

In it, the report explains that the two have been in a relationship since 2012.

During that time, Ishmael had been paying for the school fees for the boy and mentoring him to pursue university, in particular the elite Chancellor College where Ishmael himself is an alumni.

The teenager, who sat for Malawi School Certificate of Education (MSCE) examinations at Katoto Secondary School this year, said Makhuludzo, a graduate of the University of Malawi’s Chancellor College, always offered him brotherly advice on how to succeed in school.

The boy recently told The Nation newspaper that he was “raped” the day he was stone drunk and slept at his him.

“I woke up from the blackout only to discover he had had sex with me. There was pain and wetness in my anus,” claimed the teenager.

According to the report, the mother knew about the special relationship the boy had with Makhuludzo but all she was worried about was the huge age disparity between them.

“But not wanting my son to be dragged into rogue lifestyle, I phoned him [the man] three months ago to find out what he was up to with the small boy and he assured me that he was looking after him like his younger brother,” the mother of the alleged victim whose husband died in 2007, was quoted as saying.

According to the investigation report, the two had an underground same-sex relationship then suddenly, Makhuludzi  withdrew the support which frustrated the boy.

They argued about this and Ishmael was blackmailed. Whilst this was going on, somehow, some people found out. They were reported to the police and soon arrested for practising sodomy in May 2014, but were later released, apparently following “orders from above”.

Feeling humiliated, the boy and his family concocted a story that he was “raped” and Makhuludzi was  re-arrested.

He pleaded not guilty to sodomy, a felony according to Section 156 of the Penal Code, which Mzuzu second grade resident magistrate Austin Banda defined as “having carnal knowledge of the boy against the order of nature.”

This section prohibits the practice of homosexuality and was previously suspended following a moratorium instituted by the previous Joyce Banda administration.

In July this year, the Malawi government led by Janet Banda, the Solicitor General, told the UNHRC in Geneva that the moratorium was still in place.

Notwithstanding that the boy alleges there was no consent, the fact that the CEDEP official has been charged with section 156 suggests that this provision has been lifted.

“Now, there is a lacuna here. Rape under common law has been defined as vaginal penetration without consent. In simple language, the law does not accept that it is possible for man to rape another man. Since Ishmael and the ‘victim’ are both men, it is not legally possible to call what happened rape,” argued one legal expert.

“And the lacuna is thus: if a moratorium on section 156 is placed, then common law (judge made law) has to change the definition of rape so it is possible encompass same sex liaisons. Until this takes place, section 156 has had to been applied since rape laws cannot be applied.”

Some studies show same-sex practices are part of Malawian culture as local  names such as mathanyula (anal sex) confirm that homosexuality is indeed  traditional and indigenous, contrary to popular assertions that the practice  comes from the west.

In Malawi, homosexuality was particularly common among migrant Malawian workers in South Africa and Rhodesia. It was not encouraged, but those who practised it were not persecuted either. It is only recently that intolerance and negative attitudes towards homosexuals have emerged.

The international community has been condemning Malawi for criminalising same sex relationships and the first couple to come in the open, Tiwonge Chimbalanga and Steven Monjeza, were arrested and sentenced to 14 years imprisonment.

The two were rescued by the United Nations Secretary General Ban Ki-moon who visited Malawi and announced to Parliament that the former president, the late Bingu wa Mutharika, had pardoned the two convicts.

Recently the High Court in Blantyre on Monday granted bail to sodomy suspect, Stanley Kanthunkako, after he spent over five months in prison without trial.

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43 thoughts on “Malawi boy, gay rape suspect had an affair – Police report”

  1. Ken Ken says:

    Kumasisita katumba waubweya mumamva bwanji? Koma mmene manyi anukhira basi mkumalowesa komko! Olo atasukako,Ambuye mukuchedwa!!! Muzafadii imfawawa ayi koma YOWAWITSITSA ANA A SATANA, ZANU MIKUDYERATU !!

  2. Kakha Erutu says:

    author of article #37 mukukhala ngati dollar imeneyi mukudya nao.

  3. Safari mzimba says:

    Dzauchisilu zokhazokha basi. Alangidwe ameneyo.kumeneko ndikuphwanyila ufulu azimai.

  4. Mbalambala says:

    Mumamvako chani kotulukila kumanyiko?!!!!

  5. Kondwani says:

    The writer of the story is jealous of Ishmael because Ishmael is very rich ( by this I mean he inherited a US$6million dollar fortune in Malaysia in 2009 and a private construction company. You are blackmailing him because he refused u a job opportunity sometime in 2011. You need to inform the nation on true facts and not forcing yo personal agenda on the society. We have learnt that the prosecution counsel in this case has failed to produce credible evidence to implicate Ishmael. Ishmael is a human rights activist and issues of false blackmail are inevitable especially wen working with minority groups in any community. Ishmael is too smart to rape another human being.

  6. dschi says:

    Koma ameneyu wamvamo chiyani?A mabungwe kuvuta naoni

  7. Wait till u meet God then u will regret ever being gay,Mulungu adalenga akazi kuti azikwatilana ndi amuna,u r worse than dogs u gays,&lesbians.

  8. SIBONDA says:

    Homosexuality is as old as mankind folks, don’t beat about the bush

  9. My fellow readers of this article. Sodomy is the work of the Devil. It originates from the west who links same sex marriages with DONOR FUNDING. WHY?

  10. Kodi abale, kumakhala kulephera kufusira akazi kapena ufiti? Ameneyu alangidwe basi.

  11. Uchitsiru okhaokha basi. Mwamuna mnzako ungamvemo chani?

  12. Quota system says:

    These organizations are synonymous with homosexuality.

  13. DUWA KALIRANI says:

    Anakatani poti mtsogoleri wathuso ndi namatuture woyika mbolo Ku nyero. Its follow the leader

  14. chingolopiyo says:

    What ever you mayh say to qualify rape as is wtitten in the laws, this is not acceptable behaviour in Malawi culture. Common law. No male is allowed to have sex with a fellow male. The stupid Ishamel took advantage of boy’s poverty and start messing up with his life. Rape is the use of force to have sex with someone without consent. It doesn’t matter whether anal or vaginal sex, and that is what Ishamael did. He had sex with the boys without his approval on that day whether they have been having it before but on that day, he did not approve hence he woke up to find Ishamel has ejaculated on him while asleep. Who knows he might have seduced him with drugs to sleep so that he can have a happy night while abusing the poor boy because of his poverty.

  15. tyr says:

    Even Undule himself pomafika polapa wachita mchitidwe umenewu kwa nthawi yamtali

  16. tyr says:

    A tumbuka ndi omwe amaziwa mchitidwe umenewu, ukafunse MWAKASUNGULA

  17. ndadabwa says:

    you didnt know!!!!!!!!! Cadep officials are gay even auje is gay

  18. Peter Mathanyula Wakuba says:

    Kulinso wina Josephy Pafupi a CHANCO alumni. He’s also into this stupid behavior of forcing himself on these silly young men after getting them drunk. He’s turning many boys into faggots. Check his Facebook.

  19. Peter Mathanyula Wakuba says:

    Story appears to have been written by a pro -Gay idiot. Let the fool go to jail and be Sodomized the same way he Sodomized that boy. Using monetary favors to lure our young men into sexual perversion. You piece of shit! Akakukhadzule kuthako kundendeko nyani iwe.

  20. KU PARIS KULI MAHULE BASWESWE, AKUNOWA CHOMENE, OSAKATENGA MMODZI UWONE MMENE BUMBU IKOMERA BWANJI? BUMBU NDI KAWAWA IWE BASI KUFOILILA NYERO???

  21. Kudabwa says:

    Ine ndinaona kale kuti anthuwa angofuna kukhutiritsa their demonic lust. Lero ndiiwu umboni!!!

  22. Does this mean all Cedep officials are gay, and they are advancing ga issues for their own sake?? I wonder. Are you saying you can be arested for rape if you forcefully fuck a 25year old big bootie beach in the vagina but not when you do it to a 10 year old boy annally? Fuck the so called LAw then if such is such!!

  23. nkhedu says:

    lacuna yemweyo basi.kkk

  24. MBUMBA NGOZO says:

    There is a name for AIDS in chichewa, its called magawagawa. Using your reasoning, i suppose we can conclude that the disease has been there for a long time since theres a a name for it in chichewa. What kind of thinking is that.

    Let Parliament address the lacuna and legislate about homosexuality once and for all, its not the duty of judges to make laws.

    1. Namacherenga says:

      The author’s thinking is really lopsided. The fact that there is a Chichewa name for anything does not mean it is indigenous. In fact, the term mathanyula is not Malawian. It was imported from South Africa courtesy of migrant workers.

  25. sgonondo says:

    cha nzeru chokhacho chabwera ndi awa oswekasweka mkamwawa ndi mathanyulawa basi!!!!!!!!!!!!!!!!!!!!!!!!

  26. MALAWIAN MEN time at its 90th minute waiting for the blower to blow the whistle to mark the end of so called earth then judgement to hell to be specific USELESS PEOPLE SO CALLED GAYS MBUZI WANTHU IN-HUMAN JINNED PEOPLE GAHENA WEAPONS

    1. Patrick says:

      Stop smoking the bible you stupid religious nutter

  27. pho says:

    Which tribe in Malawi is commonly labelled here?

  28. wooltang says:

    stupid burn butty boyz if u come close to me you are done!

  29. Nawaoo says:

    Kungowanyonga onse basi anthu abwinobwino ngati Inu kumapanga umve ngati umenewo, satanic…..!

  30. KING SOLOMONS WISDOM says:

    THIS DOCUMENT IS DESIGNED FOR DULL & DOCILE PPLE TO BELIEVE.JUST BCOZ MALAWI HAS NAME MATANYULA FOR HOMO DOES NOT MEAN IS PART OF MALAWAN CULTURE.IN MALAWI,AN AEROPLANE IS CALLED,”NDEGE”.DOES IT MEAN WE MANUFACTURE PLANES?THE OTHER ISSUE IS DAT A MAN CAN RAPE ANOTHA MAN-WE HEAR OF SODOMY IN PRISONS,R THESE GUYZ NOT RAPED?THE FACT HERE IS THAT DIS MAN TOOK ADVANTAGE OF DE POVTY OF DE MINOR AND ORPHAN.SO DE PERSON WHO WROTE DIS DOCUMENT IS JUST PRO GAY AND SIMPLY NEEDS DELIVERANCE.PLS CLOSE CEDEP OFFICES IN NYIKALAND,SEND DIS MAN TO PRACTICE THAT IN HIS COUNTRY MALAWI NOT NYIKALAND.THE DEVIL HAS BEEN EXPOSED-CEDEP IS NOT 4 PEOPLE DEVELOPMENT BUT 4 PROPAGATION OF SODOMY. GOD LOVING PEOPLE LET US PRAY AGAINST THIS ESTABLISHMENT

  31. Balalitsani says:

    That there was homosexuality may be true. what i dont accept is that its has been the malawi tradition. let us know that by calling it a contravene of nature means the creator had a reason by creating husband and wife. Even without ‘referering to the bible or qoran, you would discern that. let us use the truth and facts to define nature and understand it than be lustful of ezrthly treasures

  32. Patriot says:

    Mwati Ishmael?
    Sounds like a Boko Haram name.
    Ndi khalidwe lawo akanganyawa

  33. bwititi says:

    Mahure onsewa kusowa zochita?akafele komweko
    asabwerenso kuno

  34. vincentbamusi says:

    apolisitu akugwira bwino ntchito yawo apitirize kutero malawi akomzeka

  35. getrude says:

    KOMA NDEKUTI AMAGONA NDI MWANAYO KOYAMBA ALI MINOR AND PROBABLY FORCEFULL BECAUSE AMALIPIRA FEES. KODI MA JUDJE A MALAWI BWANJI SIMUFUFUZA SIMPLE THINGS

  36. analipodi says:

    What a handsome Makhuludzo, zoona doesnt like women? Needs deliverance young man! So you mean ku chanco unalibe chibwenzi chachikazi or just started this inhuman whilst working for that org?

  37. ZAKU MALAWI NDI CHOCHI.

  38. Taelos says:

    I dont understand,feeling good on top of another man? All these beautiful ladies

  39. Mhhh says:

    From where I stand it appears this whole thing has been stage managed. From the arrest to articles like this on Nyasa Times. Painful death awaits all yee sons of the devil.

  40. Mnyamata iwe makhuludzo ife tufuna amuna handsamala ngati iwe watani kodi. ?Akulodza eti. ?

  41. wisdom nkhoma says:

    So the presence of the linguistic item “mathanyula” in some of our local languages vindicates that the practice is part of our culture? Kikikiki. A basic sociolinguistics lesson needed here.

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