Malawi court convict gay couple over sex act in public place

Lilongwe Magistrate Court has convicted and fined two gay men for outraging public decency after they were caught having sex in public place in the capital city.

Kelvin Gomani performed the gay sex act with Davie Loka in a car park on 4 December, 2016, the court heard through prosecutor  Sergent Ruth Chiunjika.

They were answering to offences relating to idle and disorderly persons in public place contrary to Sections 180 to 184 of the Penal Code of the Laws of Malawi.

The couple pleaded guilty for engaging in sexual activity.

Initially, Gomani and Luka pleaded not guilty to the case but lagter changed plea after the police prosecution team said they were ready with witnesses.

Magistrate Arthur Mtalimanja said the two men need to be taught a lesson by being fined K50, 000 each for their “unacceptable behaviour”.

This is not the first time for Gomani to be in headlines for same-sex relationship. Late last year, police arrested Gomani and Cuthbert Kulemeka over homosexual acts.

Government dropped the charges after pressure from donors and some civil society organisations (CSOs).

Gomani was attacked by an angry mob.

Politician and now member of ruling Democratic Progressive Party (DPP), Ken Msonda argued that that the best way to deal with the issue in the country was to kill homosexuality-oriented people.

From that statement which he has posted on Facebook, he was dragged to court on charges of inciting others to break the law, but the Director of Public Prosecutions (DPP) discontinued the case.

Homosexuality is illegal in Malawi and at present, homosexual acts carry a maximum sentence of 14 years in jail.

However, Malawi recently invoked a moratorium on laws criminalising homosexuality pending a decision on whether to repeal the legislation.

The tax-funded Malawi Human Rights Commission has since said it will call public inquiries on same-sex relationships, a controversial topic in Malawi’s traditionally conservative society.

In 2010, two Malawian men were arrested and charged with public indecency after saying they were getting married.

The prosecution drew international condemnation and led to some donors withdrawing budget support – a major blow to one of the world’s poorest countries.

The then-president Bingu wa Mutharika pardoned both men on “humanitarian grounds” but said they had “committed a crime against our culture, against our religion, and against our laws”.