Mutharika wants gay rights protected, says Viola: Law experts question legality of moratorium

Malawi President Peter Mutharika wants Lesbian Gay Bisexual Transgender and Intersex (LGBTI) people to be protected against homophobia and that the decision on whether homosexuality be legalised or not should be decided by Malawians, State House has said.

Viola: Let gays have their rights protected

Viola: Let gays have their rights protected

Speaking on Capital Radio’s Daybreak Malawi program on Wednesday, Presidential Press Secretary Gerald Viola said President Mutharika “wants gay rights respected.”

Viola said LGBTI people have rights, though in minority and that the President wants “their rights should be protected.”

Mutharika government has put a temporary prohibition on anti-homosexual laws.

Viola said the President will let Malawians to decide about homosexuality, even if it means a referendum.

“It’s for Malawians themselves to decide what is right,” he said.

Meanwhile, law experts have faulted government on its decision to suspend anti-gay laws without parliament’s involvement is an insult to National Assembly and that only legislature can make such changes.

Chairperson of Parliamentary Committee on Legal Affairs, Peter Chakhwantha, and law commentator Justin Dzonzi have condemned the decision to temporarily suspend the criminalisation of same-sex marriage laws, saying the moratorium is “unconstitutional and illegal”.

Chakwantha said the DPP government is “so obsessed with arrogance when it comes to power” and has no respect for other two remaining arms of government – the legislature and judiciary.

He said the committee is disappointed with President Peter Mutharika, who has legal background, for his failure to guide the Executive on what the laws of the country say.

Dzonzi said government should have followed appropriate channels through parliament or the courts to issue such a suspension.

“Because Malawi is a constitutional set up, only Parliament has the power to make laws. In law language, we say only the one who can make a law can unmake it,” said Dzonzi.

Private practise lawyer John Gift Mwakhwawa added that the suspension “amounts to insulting the powers of the legislature. It is not only unconstitutional and illegal, but also an infringement of the principle of separation of powers between the executive and legislature. This means any minister can wake up and start suspending any law.”

Sections 153 and 156 of Malawi’s penal code criminalise same-sex sexual conduct between men and those convicted face up to 14 years imprisonment, with or without corporal punishment.

Section 137A of the code criminalises “indecent practices between females,” with anyone found guilty liable to a prison term of five years.

The apparent suspension of the laws had been welcomed by gay activists.

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43 thoughts on “Mutharika wants gay rights protected, says Viola: Law experts question legality of moratorium”

  1. Tt says:

    Myles, comment 37! Excellent, you hit the nail right in the empty heads of the religious fanatics! Religion and gods are so very very fake, you van pray to a monkey like the hindu and your prayers will still be answered! Your life will probably still be better than most Christians, that’s the truth about your religions guys! Do take your stupid homophobic attitude coupled to your stupid religious belief flush it down the toilet like a tissue covered in shit with a facial imprint of jesus( wow that must be a miracle!) ok. Sexuality is diverse and real, gays are real, they will never go away

  2. ben phiri says:

    Kodi akana bwanji pomwe iye ali gay.

  3. velkes rasheed says:

    khalidwe lopusali litheretu bwanji agalu inu amene mukupanga zimenezi munachita kubelekedwa kuchokera kwa azibambo anu ndi azi mayi anu ,bwanji abambo anuwo samanyengana amuna okha okha amaona cha? dza utsiru.

  4. Mayi says:

    Akuti mungotipha ife ma gay? Iphani zimenezi zikufuna kuyatsa dziko lathu la mtendere the warm heart of africa. Kagweni ndi petulo wanuyo ku zithaphwi ku lake chirwa. A petulo zakuvutani basi. U thot raning a gvt ndizophweka? Running a gvt is a serious business. Bambo ako akanakhala gay ukanabadwa? Kutereku ana ako ku usa ndi ma lasiberian? Kunotu siku amereka. Dont bring ma laws aazungu kuno. Or referendum mungawine? Kufuna kungosakaza ndalama za boma basi instead of solving hunger issues, mankhwala mu zipatala mulibe anthu angofa inu mukadwala mumauluka ndege kupita kunja. Sitikufuna chikhalidwe chathu chionongedwe. Kugonana amuna okha okha nde kuti chani, akazi kumaseweletsana okha kuti chani? Ma gay ndi ma lasiberians are worse than dog, cats, ng’ombe , nkhuku ndi zinyama zonse zomwe zimagonana ndi azimawo ndi ma sisters awo. Go to hell zimagay nonse! Asaa.

  5. Never says:

    Koma ndiye tiziona this yr

  6. christian information bureau of malawi says:

    Ikabwera mvura yabwino ndiye kuti mulungu kulibe mukangolora zanizo ndinthu milili khate yayamba tayifodi yayamba njara yayamba ntendere usowa boma simulivatso kukoma Bingu ndi kamudzu ndiye atsogoleri opanda chibwana nthawi yawo kunalibe njara yosowa chochita
    oro mupephere mvura ndakaika ndipo sindipephera nawo ndipo ngati simunaoone mulungu asakuyankha mapepero mawa sauyankha ikabwera vura ilkhala ya ziwanda yopha anthu isanduka mulili ndithu

  7. Myles says:

    Rights are rights.
    Voting on rights of others is sheer stupidity.To think other people get to decide what rights they will allow minorities is sick and immoral.
    Denying people equality because you don’t approve of whom they love is probably the christian thing to do,but it will never be the right thing.
    Never forget that while religion is artificial, i.e. not real;homosexuality is found in every species of animal on the planet.What could be more real or more natural?
    People can and do change their religions and their gods at the drop of a hat.What could be more phoney or unnatural?

  8. John Black says:

    Who listens to Viola? The “presidential jet” person. The guy who picks fights with Zodiak. The guys who tries to censor the media. This Viola is a joke, let’s all laugh at him.

  9. Christopher Banda says:

    Imeneyo ndiye mathanyula gvt dphi-phi

  10. Sheikh says:

    Kodi bwampin ameneyo akuganixa bwanji apat pakufunika shalia law bokohalam ilowelelepo kod bwnji iyeyo anakwatila hule lake lija bwnji samakwatila mwamuna nxche

  11. kate says:

    Peter Mutharika has been gay for along time in US. Wangoganiza zokwatira kuwopa a Malawi ndiye mumati angakanize za Gay zo? Ndiye zoti tikhale ndi mapemphero a dziko pa 9th Jan to the same God whom you are allowing gayism which is a serous sin before God. Who are you fooling? kwali mwekha. keep on waisting govt resources.

  12. mbuyuni says:

    A Malawi tayamba liti kusintha malamulo? Tisinthenso section 65

  13. Angel nkhana says:

    this is not good let’s respect our warmheart of Africa

  14. Yesaya says:

    A President ndakhala ndikukumvetsetsani kwanthawi yaitali koma apa pokha mmmmh! Zandikanika, utsogoleri wanu uli mmadzi, mwapandukira Mulungu

  15. timkadziwa ife kut bwampini ndi opoila

  16. Haman kamphanda says:

    Amenewo ndi maganizo a satana. Bet me ngati muzayiwonexo vote yanga in 2019. We a counting down. Its 2016 nw.

  17. Joel Gondwe says:

    Koma mbuzi imenei ndizoona kuti inabadwa muchifanizo cha M ulungu kapena ayi. Ok! Together with ur doners, maybe you dont know the meaning of sex? If ur mother did not give her vagina so that ur so called dad had sex with her where would you have been? Kodi anthu amenewa Mulungu ogawa nthaka alikuti osangoswa nthakai kuti asowe tisazanvenso za zopusa zaozi!

  18. steve says:

    Now ndadzindikira kuti Peter ndiwa Satanic.By allowing Manthanyula it means you ve invited curses from God.No wonder Someone prophesied that after legalising Gay,Malawi will be facing no Economic stabilisation;No Donors;Civil strikes;Revolution and this
    will force DPP out of Govt and Peter RESIGNING.Mark my word it will happen very soon.You can’t say Lets pray for Rains and at the same time you do legalise Manthanyula.You can’t fool God.You can’t save two masters at once.

  19. DJ mnunkhadala says:

    This bwampini is a clueless! the sale of malawi savings bank he also cheated us kuti tiganiza tokha and we wake up one morning akuti MSB yagulitsidwa! today za gay akuti tiganize tokha and surerly enough we will also wake up one morning only to hear gay yavomeledwa mmalawi.

  20. garnet ngalauka says:

    Leviticus 18v 20

  21. M'busa says:

    Mr President, ask comrade Mugabe – he will teach you the Word of God on unnatural sexual relations. Remember sodom and Gomorrah. Read Romans 1v 27(or the whole chapter ). You can’t seek God for good rains and good harvest when you’re totally out of His control. Ask Prophets of God, already TB Joshua has prophesied about tough times ahead. Don’t repeal our laws to suit western culture. We have our own culture to determine our laws.

  22. Boma says:

    Kupusa

  23. chule says:

    Find a place to practice this same sex things,MALAWI is a GOD fearing nation,is this what you come back for from USA,Mulungu wathu sagona tulo akuona zonsezi

  24. Jigidijigidi Jaba says:

    That is what I was expecting to hear for the government. “Gays have rights and need to be protected” What if the referendum goes against this view. How will the president protect the gays. The government is just buying time. A pro-gay laws is for sure going to be enacted. If the donors have squeezed the government to pass the ATI bill by linking its passing to the release of budgetary support do you thinking they can’t use the same kind of pressure to push for the pro-gay laws?

    What has today’s The Nation carried “Economy to stabilize in May, ATI bill to be passed in February. How are the two connected. I mean stabilization of the economy and passing of the ATI bill? Surely the answer is “through donor pressure; pass it and we will give you the much needed budgetary support”.

    Am afraid the same will happen with the pro-gay bill probably after the passing of the ATI bill. It would be like “the economy will stabilize in ….(month), the pro-gay bill will be passed in…(month), because the donors will also say pass it or risk not getting the much needed budgetary support.

    The WORD by GOD’s will need to be fulfilled. All these things were prophesied as signs of the end of times. And any agitations against will be in vain as no forces can act against GOD’s plans.

  25. Nankhongo says:

    oky fyn tamva koma as you Mr president please can you lead by example? I mean divorce with Getrude then marry Gerald Viola please

  26. Kandaweko says:

    We as malawians cannot tolerate such nonsense.we cant sacrifice our respect,virtue with money.no way .zikanakhala zotero kalelo even a presidentiwo bwenzi aliko? Let satanism not rule this nation in the mighty name of Jesus Christ.

  27. Willie Chimseu says:

    kodi?????

  28. Yusuf says:

    Mwavomeleza mathanyula ???????????????????????????????????????????????

  29. Samola says:

    Calamities calamities, Calamities!!! The president and his government are all Calamities. We have deviated God’s will for the sake of money and international recognition. Jesus came for sinners to repent and not to proudly make them remain the same. Woe to the Devils Propaganda Party, woe to our beloved Nyasaland. Cry my beloved Malawi!!!

  30. malawian says:

    peter wants to high hijack malawian laws what goes up must come down one day he will come down to face malawians

  31. chimpeni says:

    ……………..Kwanu konko kuno ayi zopusazo

  32. Jokujoku says:

    Heeeh my heart,why doing against the word , can the government come up with any verse from the bible or quran where the word authorizes the gayish

  33. dzambo says:

    Contradictions! He wants gay rights protected at the same time wants Malawians to decide! Is this guy thinking or it is Viola who is jungle here. If left to Malawian the president knows what the population wants. Why did he suspend the law in the first place before asking Malawians? I think we need a more intelligent president than we currently have! And perhaps a more seasoned presidential ‘spokespersonship’ than is there. Perhaps you Nyasa have again quoted this guy out of context.

  34. Master Pillager says:

    sindikudabwa

  35. phiri says:

    we all know where we are heading.These guys have nothing to offer but fulfilling their intended devilish plans.Do not be fooled there will be no any referendum but they will just issue a directive to remove the law.

  36. Nediek says:

    Exciting debate:
    1. Gay rights are human rights. That is the language that donors would love to hear from a president of one of the poorest countries on earth.
    2. When Kalekeni Kaphale, Chaponda and H.E. are there, they still go ahead to suspend the law without involving the legislature nor the judiciary-interestingly why?
    3.One poor Malawi should prepare to spend in a referendum to decide whether some men or women should be legally allowed to make love with fellow men or women. Priorities!

  37. Bob Chiswe says:

    President Mutharika has shown that he has a more advanced mind than most o the petty politicians and religious fanatics who keep on resisting change. Gay rights ought to be respected as suggested by the President. Those who are opposed to this idea should know they can not impose their wishes on others. People like Msonda of Peoples Party and Lucius Banda are illiterate people beyond redemption

  38. Kaukonde says:

    honestly I dont understand why as a country we should be wasting time over such useless things. When we had min skirts banned during kamuzu, women would wear them in their private homes and would not come out with them for fear of being arrested. Now that the ban was lifted, how many women wear min skirts. the same is with these so called homosexuals, I am not sure what sort of impact it has but I find it as a useless issue. Just allow these people to be practising their stupidity, I dont think anybody with right morals will go out there parading themselves with their stupidity.
    The president has better things to worry about than such stupid things.

  39. Bikiloni Nachipanti says:

    Am not surprised with this statement..

  40. M'BOBO says:

    This is very dangerous head way. I was told kuti mkulu ndi wa zamalamulo ndizoona. Tandithandizeni. Ooooooh ndakumbukira paja

  41. THUPATULA. says:

    SO MAGUFULISM IS NOT NEEDED HERE IN MALAWI. THEN NEVER DARE TO APPRECIATE WHAT MAGUFULI IS DOING. NO DEMOCRACY IN THE LAND OF MAGUFULI WHO JUST WORKS UP AND DECLARE THINGS TO HAPPEN IN HIS LAND. THIS IS MALAWI.

  42. Zimkambani says:

    Enough grounds for impeachment. Respect for the law should not only be when to be put into power but also the day to day operation of the law.

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