Malawi court  to review Msonda’s ‘kill gays’ case

The High Court in Malawi is set to review the case  which was dropped involving  opposition politician Ken Msonda for remarks he made against homosexuals.

Msonda, who is the former ruling People’s Party (PP) spokesperson called for gay people to be murdered – because apparently arresting them isn’t good enough.

He made disturbing comments about the case on Facebook, writing of gay people: “Arresting them won’t address this problem because sooner or later they are being released on bail.

“The best way to deal with this problem is to KILL them!

“It is pathetic to see our media houses parading these dogs on TV and newspapers hiding behind human rights — human rights my foot! The devil has no rights!”

Msonda was taken to court by the Centre of Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People (Cedep) but  Director of Public Prosecution (DPP) Mary Kachale applied for the discontinuance of the trial which High Court discharged the politician.

But after Msonda’s recent remarks being critical of the Peter Mutharika-led government, the court wants the case reviewed so that Msonda faces the charges  for his homophobic and hate speech.

Judiciary spokesman Mlenga Mvula confirmed the case will come under review.

Mtambo and Trapence argued that Kachale’s decision to discontinue criminal proceedings against Msonda in the case was procedurally improper.

“She failed to take into consideration other relevant matters such as the fundamental constitutional principle set out in Section 12 (1) (d) of the Constitution, the fundamental rights and dignity of persons of homosexual orientation as is guaranteed to them under Chapter IV of the Constitution of Malawi and Malawi’s human rights obligations under international law.”

The two are asking the DPP to prosecute Msonda.

“An order akin to mandamus directing the respondent to expeditiously and without delay take all reasonable steps to continue and conclude the prosecution against Mr. Msonda in criminal case No. 16 of 2016 or alternatively an order directing the respondent to desist from interfering with the applicant’s prosecution of the criminal case No. 16 of 2016 against Mr. Msonda,” reads the application.

Cedep and CHRR’s leaders want Msonda to answer a charge of incitement to break the law under Section 124 (1) (b) of the Penal Code.

Under the current law, those found guilty of homosexuality in Malawi, can be sentenced to up to 14 years in prison, with hard labour.

However, Justice Minister Samuel Tembenu recently indicated that the laws against homosexuality would be reviewed.

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