Ruling Democratic Progressive Party (DPP) politician Ken Msonda says he is “very happy” to be let off the hook in the court case over his “kill homosexuals” remarks which he purportedly posted on his Facebook page.
Msonda made the remarks when he was publicity secretary of former governing People’s Party (PP) and two rights minority activists—Centre for the Development of People (Cedep) executive director Gift Trapence and Centre for Human Rights and Rehabilitation (CHRR) executive director Timothy Mtambo— dragged him to court as they argued that Msonda’s remarks incited others to contravene the law.
The State, through Director of Public Prosecutions (DPP) Mary Kachale, filed for the case to be discontinued in line with Section 77 (1) of the Criminal Procedure and Evidence Code (CP&EC).
Following the DPP’s decision, the CSOs filed an application for judicial review, praying for the court to review the State’s decision to discontinue the case before the Senior Resident Magistrate’s Court in Blantyre.
However, the Chief Justice, in July 2016, referred the case back to the High Court, arguing that the High Court needed to address some procedures it did not follow before referring the matter to him for certification.
A panel of three judges sitting as a Cinstitutionsl Court has determined that the manner in which the DPP exercised her powers within the law and that the CSOs failed to demonstrate “extreme circumstances” to go for judicial review.
“ I am very happy to be cleared,” said Msonda.
“Infact I am not surprised as the country’s courts have so much respect for the Cobstutytion,” he added.
Msonda described Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people as being worse than dogs and that gays and lesbians were “sons and daughters of the devil”.
“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!,” Msonda reportedly posted on his Facebook page.
Under the current law, those found guilty of homosexuality in Malawi, could be sentenced to up to 14 years in prison with hard labour