Malawi’s anti-gay law is back in force again
A court in Malawi has ordered the countryās anti-gay law back into force.
The countryās government, which is heavily reliant on support from NGOs and Western aid money, had previously confirmed that it would no longer arrest people for same-sex sexual acts ā an agreement first laid out in 2012 after a prolonged campaign.
When two men were arrested on gay sex grounds in December, Malawiās Justice Minister has stepped in to quash the case and impose a āmoratoriumā on gay sex convictions.
However, Malawi24 reports that this week a senior judge in Mzuzu has instructed Malawi Police and the Director of Public Prosecutions to continue to enforce the law, while the governmentās decision is āreviewedā.
Judge Dingiswayo Madise claimed that any person who disobeys the order shall be guilty of contempt of court.
It comes after three pastors had sought to challenge the government decision.
Minister for Justice Samuel Tembenu previously acknowledged the viewpoint that no one should be arrested on the grounds of their sexuality or gender identity, and re-committed to reviewing the countryās anti-gay laws.
However, he added that any review would be carried out āin consultation with the people of Malawi as prescribed by the Constitutionā.
Even Malawian commentators had expressed fear that if allowed to continue, the countryās anti-gay laws could impact on aid contributions received from the West ā on which the country is heavily reliant.
One Nyasa Times columnist warned not to āprick the backsidesā of donors, writing: āMost people in England would be appalled to hear that people in this day and age are still being arrested for their sexual identities.
āAnd what many people in Malawi need to appreciate is that the people of England, America, Germany do not wish to see their tax money being spent in countries that discriminate on these grounds.
āMalawi can exercise its so called sovereignty if it wishes: continue this discrimination, and tear up the donorās cheques in the process.ā
