High Court Judge Dingiswayo Madise has sustained an injunction obtained against moratorium by government which requires Malawi Police Service (MPS) to suspend arresting and prosecuting gays and lesbians until review of the anti-homosexuality laws.
Pastors Patrick Banda and Tusalifye Mbeye as well as Christopher Kammasamba in February applied to court to lift a suspension of homosexual laws pronounced by Minister of Justice and Constitutional Affairs Samuel Tembenu in December 2015 as they find the moratorium unlawful and unconstitutional.
Judge Madise said “the interest of justice tilt towards sustaining the order of injunction” until final determination of the matter.
Madise also said the case is “suitable” to be referred to Chief Justice Andrew Nyirenda for certification as a constitutional matter.
“I am of the view that a panel of not less than three judges will be able to adjucate on all the issues that have been raised in the matter,” said Madise in his ruling.
He also said the Chief Justice can consider a panel of five judges.
However, Justice Madise has agreed with submissions by Attorney General Kalekeni Kaphale that the two complainants—pastors Patrick Banda and Tusalifye Mbeye—have no “sufficient interest” in the matter because they have not directly suffered any harm due to the suspension of homosexuality laws, the submissions show.
“Indeed —pastors Patrick Banda and Tusalifye Mbeye— lack interest,” noted Madise.
The court has struck off the two from the matter.
But the court has allowed Centre for Development of the People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) to join the case as friends of the court.
Presently, government seems indecisive on the matter with President Peter Mutharika speaking of a referendum and the Justice Minister hinting at possible law reforms.Follow and Subscribe Nyasa TV :