Malawi court dismisses anti-gay law morotorium

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.

Judge Dingiswayo Madise:  CHRR  and Cedep allowed to join the case as friends of the court

Judge Dingiswayo Madise: CHRR and Cedep allowed to join the case as friends of the court

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.

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john phiri
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john phiri
4 months 14 days ago

Mathanyula is 1. Sin, 2. against the law 3. Filthy 4. Dirty, 5. disgusting 6. inhuman 7. demonic 8. Evil and on and on and on

kakototo
Guest
kakototo
4 months 14 days ago

So they mean CEDEP has an interest in these issues? Very funny!

chancy nkhoma
Guest
chancy nkhoma
4 months 14 days ago

Lord God of the ghost please help us yet lest we forget…..lest we forget…. sins of fresh and human interest at the heart of money…

Harriet
Guest
Harriet
4 months 14 days ago

MALAWI IS AN EXTREMELY UNEDUCATED EVIL SOCIETY..
NOWHERE IN THE WORLD ONE CAN SEE AND HEAR SUCH HATRED SPEWING OUT OF A
CHURCH..
ANY PERSON WITH TRUE LOVE IN THEIR HEARTS LIKE THAT OF JESUS CHRIST COULD NOT
CARRY ON SUCH HATRED FOR OTHER HUMAN BEINGS…
THE JUDICIAL,SYSTEM IS ALSO CORRUPT , DYSFUNCTIONAL AND OGNORANT AT BEST..

Kondwani Gama
Guest
Kondwani Gama
4 months 14 days ago

When 2 fully developed conscious human beings of same sex have consented to have sex together in their private home….. How does that affect someone else’s Faith and religion?

What the fuck????

These Christian boys are simply against same sex unions because they “HATE” homosexuals, and they want to hide under religion in order to justify their “Hatred”. What they need to know is that, “hate” is not a religious value, neither is it an African value. Therefore these three applicants who claim to call themselves born-agains DO NOT BELONG TO THE CHRISTIAN FAMILY.

Kwesi
Guest
Kwesi
4 months 15 days ago

KenKK, they will tell their congregation that the government is not arresting gays because it is a human rights issue. A religious person worth his salt should be able to differentiate between a sin and a crime and that their interest is in preaching to ‘their congregations’ and not be busy with looking at who should be arrested as that is the interest of the state. Abusa ongolowela ulovawu without Jesus in them do not know the teachings of Christ and their boundaries. Anthu ofuna kutchukila zopusa pa pulpit zikuwalephera.

Kenkkk
Guest
Kenkkk
4 months 14 days ago

Kwesi, part of the pastors responsibilities and work have been affected by this. Hence their interest. In a similar mode as cedep.

What about the human rights of those opposing the suspension?

Kenkkk
Guest
Kenkkk
4 months 15 days ago

The pastors have interest which is clearly obvious unless someone is very dumb indeed. The pastors are religious people and the suspension is contrary to their religious teachings and beliefs. So they have a direct interest in the matter as the whole country has indeed

What about cedep’s interest? Is it not similar to the pastors only that cedep’s hold an opposing view?

And how do you define or experience harm? The suspension has created injury to the feelings of those pastors and their Christian belief. That is harm as well. How do they tell their congregation?

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