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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Tt
Guest
Tt
8 months 10 days ago
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… Read more »
ben phiri
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ben phiri
8 months 11 days ago

Kodi akana bwanji pomwe iye ali gay.

velkes rasheed
Guest
velkes rasheed
8 months 14 days ago

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.

Mayi
Guest
Mayi
8 months 15 days ago
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… Read more »
Never
Guest
Never
8 months 15 days ago

Koma ndiye tiziona this yr

christian information bureau of malawi
Guest
christian information bureau of malawi
8 months 16 days ago

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

Myles
Guest
Myles
8 months 16 days ago

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?

John Black
Guest
8 months 16 days ago

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.

Christopher Banda
Guest
Christopher Banda
8 months 16 days ago

Imeneyo ndiye mathanyula gvt dphi-phi

Sheikh
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Sheikh
8 months 16 days ago

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

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