Malawi marriage bill spurn same-sex liasons

Malawi lawmakers  unanimously voted in favor of a new  Marriage, Divorce and Family Relations Bill  that still does not recognise same sex marriage as it is clear that marriage is a union between two adults of the opposite gender.

Malawi’s most famous gay South Africa-based Tionge Chimbalanga aka Aunt Tio has undergone immeasurable metamorphosis as far as his looks are concerned since he left the country a couple of years ago.

Malawi’s most famous gay South Africa-based Tionge Chimbalanga aka Aunt Tio has undergone immeasurable metamorphosis as far as his looks are concerned since he left the country a couple of years ago.

This will disappoint those who would have hoped that there could be a way to legalise same-sex marriages.

“ Marriage is two people of the opposite sex who are in or want to enter into a marriage,” reads the bill

It is expected to soon be signed into law by President Peter Mutharika.

According to the bill, sex is being understood as one’s status at birth.

The new law also indicate that the court will grant an order for divorce or separation if the marriage of a man and a woman has irretrievably broken down because one spouse has been convicted of having sexual intercourse with a  person of the same sex.

Homophobia

Homosexuality remains prosecutable offence in Malawi.

Two Malawian men were sentenced to 14 years in prison in 2010 after saying they were getting married.

But rights campaigners argue that the law on marriage not recognising same-sex couples is being homophobic.

Campaigners argue that the bill has used a definition of marriage that is no longer relevant to the current status quo and that in bolstering this heterosexual ideal, the law denies gay couples the chance to express their love via former marriage.

Under Malawian law, sexual intimacy between men is punishable by 14 years in prison; for women, the punishment is five years. But the constitutionality of those laws is currently in question. Human rights activists argue that the laws violate Malawi’s constitutional protections for citizens regardless of their sex, race, tribe or religion.

Opponents of the anti-gay laws include Malawi’s Centre for the Development of People (CEDEP), the Malawi Law Society,  the Centre for Human Rights and Rehabilitation (CHRR), the University of Malawi’s Faculty of Law, and the Malawi Network of Religious Leaders living with or affected by HIV.

Nullified

The new law also stipulated that a marriage will be declared invalid by the court if a spouse was permanently impotent at the time of the marriage.

Court can also nullify the marriage if  there has not been marital sex since marriage due to deliberate refusal by one of the spouses.

It also restricts incest.

The court would also dissolve marriage if  “tt the time of the marriage one spouse was insane; or had a sexually transmitted infection.”

Marriage would be declared invalid by court if  the consent of either spouse was obtained by force, duress, deceit or fraud.

The court can nullify marriage if the woman was pregnant by another person, or the man was responsible for the pregnancy of another person at the time of the marriage.

The law says further that marriage can be nullified in court if  a former husband or wife of either party was alive at the time of the marriage, and the marriage still existed.

The Bill does not say if this only applies to civil marriages, considering that polygamy has not been outlawed for the other forms of marriage.

Support

In 2001, a Special Law Commission was instituted to review laws on marriage and divorce.

It took the commission years to draft the bill, which was later rejected by the cabinet because it also included a prohibition on polygamy.

This time around, Minister of Gender, Children and Social Welfare Patricia Kaliati said, the bill had the support of MPs, especially on setting a new minimum marriage of 18 years, which has remained a contentious issue since a proposal to increase it to 16 was shot down several years ago.

Several MPs said they had supported the bill because of Malawi’s high rate of child marriages.

“Something had to be done to stop this malpractice. That is why I supported the bill,”  said MP Lucius Banda  who leads United Democratic Front (UDF) in parliament.

The opposition Malawi Congress Party spokesperson Jessie Kabwila said. “Our girls must be in school, not forced into marriage.”

Emma Kaliya, head of the Gender Coordination Network, is delighted that Malawi has  now  a law  “that will support our fight for the girl-child.”

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38 thoughts on “Malawi marriage bill spurn same-sex liasons”

  1. Al Qaeda Boko Haram says:

    adultery no chance apaa! koma nyapapi!

  2. sikusinja says:

    This is a foolish law. We need a law tough on the age of sexual consent.

  3. Lawrence Zuma Zuma says:

    Let the law take its course.say no no no to homogenous.

  4. Lawrence Zuma Zuma says:

    Let the law take its course.say no no no to homogenous little.

  5. chiba says:

    wait for western to say they will cut donations for not legalizing same sex marriages

  6. chikoya says:

    kodi atsikana akalephera kusankhidwa kupita ku sec. school at say 13 yrs ndipo tikuti asakwatiwe til 18 yrs old, azitani to avoid being impregnatd b4 marge at 18?

  7. Hoitty says:

    Koma a Stonik aka aunt Tio uzimayi munaufuna eee. Munagwigwa ku sasafirikako?

  8. nat turner says:

    I’m not gay but aunt Tiwo is looking super!

  9. Mfulatuvi says:

    A mabungwe zoona anthu akuluakulu ngati inu kumafuna kuti pakhale lamulo lololeza kuchinda manyi a mamuna mzako? Kunyoza mulungu Chifukwa chofuna ndalama?! Shame!

  10. boy age marriage deafault? Or to be tabled in the next sittings?

  11. WINA WACHE WA CHALICHI CHINA MBUSA AMAIKILA KUMBUYO ZIMENEZI, ATI IYE NDI AMENE AMAGWIRIZANA NDI AZUNGU OTEREWO NDI ANTHU ENA MUNO MU MALAWI.
    NGATI IYE ALI MUTHU WA MLUNGU ASAMALE NDIPO ASITHE IZI, MLUNGU AMAWONA.
    INU AKULUAKULU AMPINGO UMENEWU MULANGIZENI MBUSA WANU KUTI ASITHE, KULI BWINO BWINO APILIZE SCHOOL IMENE AKUPANGA KUPOSA IZI.

  12. Mmmm mathelo a dziko timva zinthu.

  13. Jelbin mk says:

    I have gone through the bill it is the best ever drafted it has not left anyone in the cold except devilish willed individuals. The bill has empowered everyone it has not stripped-off men of their role as heads of a family and it has enhanced the need for men to be responsible for their actions towards women and I like the most part of it that says rape will not be regarded as such if it is not done during separation otherwise it is this part that has made most South African men have opted to be singles because they are restricted by law to sleep with their spouse if the spouse doesn’t want to do so even without tangible reasons.

  14. Mphwache says:

    The under 18 girls cannot be married but can be sexed, what a pity.

    1. And we will sex them indeed

  15. collins says:

    damm and rubish

  16. collins says:

    kuno same sex marriages no,monganso ligalisation of prostitution no and we wonder with dc double standard on the mg side;allowing mahule ku matcha.achamba,akuba ,amasachetinso pamodzi ndi abale okwatilana amuna/akazi okhaokha.Dziko ilo k k k eyah.taliwona.

  17. Ahhh! Fuck these stupid homos. Do you think we care? Don’t be ridiculous. Just how many countries in the world recognize gay marriage anyway? Za zii

  18. kido says:

    good fo us all but these human rights r stupid in one way or the other hiw cb der insist to hv gay marriage as der know fo sure that men dnt go to period n they cn nt hv children while thinking that they wl adopt whose child wl b adopted if all cn b gays n lesbian? even those human rights campaigners knws very wel that if they mother n father were gay or lesbians wld der b exist?

  19. MCP GVT says:

    A Timo Mtambo ndi a Trapenz alikuti? I hope when yo demons or satanic spirits rise you will rise to defy the bill. We wil deport u if u continue talking of gay-lesbianism here.

  20. Mal says:

    chiwnda chamunthu

  21. Vuka says:

    ihhhhhh

  22. Piche Yakiti says:

    Masiku omaliza awa…amuna kukakamila kuti azinyengana kobibila zoona??? God forgive us.

  23. changatomba says:

    Aaaaah sitikwatila asiye

  24. Patriot says:

    Kodi agalu inu mumalimbikira za same sex marriage chifukwa chani?
    Azimayi okwatana okhaokha angaberekerane ana?
    Nanga agalu (azibambo) okwatana okhaokha angayitenge mimba?
    Musatisokose apa ndi nkhani zopanda nzeru. Ngati mukufuna kuchita za nyasizi TURUKANI mMalawi muno, muzikapangira kunja kwa dziko lino zopuitsazo.
    AGALU INU MXIEEEW

  25. eluby chikopa says:

    Hohoho! Nothing has changed. Girls who marry early are in the villages and without birth certificates who can verify their ages? Girls go into marriages because of poverty – period! Address poverty and girls wont be there. Mmmmmmmmm old wine in new skin. Malawi let us remember to tackle issues they way there.

  26. Ngungudya says:

    Mmmmmm women dzikoli akhamo okha

  27. Dick says:

    THIS LAW IS A SHIT.
    1) IMPOTENCE IS NOT A CHOICE. CHILDREN ARE JUST GIFTS FROM GOD. I HAVE SEEN IMPOTENT COUPLES LIVING TOGETHER HAPPILY
    2) THE LAW INFRINGES ON FREEDOM OF CHOICE. ONE SHOULD BE ABLE TO MARRY FORMALLY OR INFORMALLY EVEN IF THE FORMER HUSBAND OR WIFE EXISTS. I HAVE SEEN A HUSBAND GETTING MARRIED AND A WIFE GETTING MARRIED TOO WITHOUT A FORMAL SEPARATION AND BOTH COUPLES ARE HAPPY
    3) IT IS NOT PROPER TO PUT ISSUES OF SAME SEX HERE . MANY HUSBANDS ARE GAYS. DO YOU MEAN THE COURT SHOULD END THEIR MARRIAGE. YOU WILL BE SURPRISED THAT THE FIRST COUPLE WILL BE A VICTIM

    1. Who are these “many husbands” who are gay? Please mention a few.

  28. brutsha says:

    Kodi mkazi uyu alipo? Koma tsonotu ngati mbvuto mlalikulu zedi.

  29. Tilipo says:

    Most of the reasons for invalidation and dissolution of marriage are not inconsistent with the word of God. The passed bill has more flaws. It gives more room to immorality. Marriages will not hold any longer.
    If one wants marriage closed he or she will just cross to another partner then it ends there. Too Bad!

  30. anyasa munasowa chithunzi choyikapo pankhaniyi?

  31. Mapwiya says:

    For all who fear God, marriage is between man and woman. Other things are works of the evil one. Let us ashame the devil. Somebody say amen!

  32. Mapwiya says:

    For all who fear God, marriage is between man and woman. Other things are works of the evil one. Let us shame the devil. Somebody say amen!

  33. mwana mulopwana says:

    Trepence ndi nzake Aunt Tiwo, they need to go to Mental hospital, what this guy called Trepence is insane, a normal human being can not be in the forefront to advocate for such foolish things even if you are doing for the sake of getting easy donor money but moral altitude is important

  34. Weni weni says:

    That’s what Miyambo says.

  35. chilombo says:

    Koma Aunt Tio akuzitenga serious zinthuzi bwanji! Mpaka kumaoneka bwino choncho! Its good ali kunja,kuno tikukanilatu khalidwe limenelo

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