Showing posts with label Malawi guy. Show all posts
Showing posts with label Malawi guy. Show all posts

Malawi Bypasses its Own Laws to Convict Gay Couple


 The gay couple at the centre of "gay wedding” controversy in Malawi, Steven Monjeza, 26 and Tiwonge Chimbalanga, 20, who were arrested late last year after their "illegal wedding" have finally been sentenced to maximum 14 years in prison with hard labour after been found guilty of “gross indecency” and “unnatural acts.”

Since the arrest last December, the case has attracted a lot of criticism mainly from human rights and gay rights groups that believed that the couple should have been allowed to express their sexuality without any coercion or fear of persecution. The case has also caused some diplomatic stand-offs between Malawi and its Western donors many of whom have threatened to withdrawal aid in protest against the arrest.

The Malawian Government has rightly argued that it is a sovereign state prohibitive of other countries meddling in its internal affairs. The Government, through its spokesman, Leckford Mwanza Thotho has expressed its gratitude for the conviction of the gay couple, stating: "What we are saying is that the ruling or the court proceeding as of [today] reflects our tradition in Malawi. It just shows that the gay issue is against our culture in Malawi."

Curiously, the law that the court has used in prosecuting the couple was never devised by Malawians; it is a colonial law that out-dates Malawi's 1964 independence. The country's current constitution does not mention same sex marriages at all. Section 20(1) of the constitution however states that:

"Discrimination of any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status."

Whether this makes the judgement unjust or unlawful, it is open to interpretation. But it shows that the Malawian constitution is not discriminatory, and undermines the Government's sovereignty argument when its courts are ignoring the country's own laws in favour of outdated and discredited colonial law.

By using colonial law, this ruling has not only undermines the supremacy of Malawi's constitution and its 46 years of independence, it has also undermined Malawi's 16 years of democracy, which was founded upon the 1992's Catholic Bishops’ Pastoral Letter that ignited the inferno of change and helped to bring down the country's 31 years of Hastings Banda's dictatorship. 

On freedom of expression and association, the Bishops’ letter stated:

"...moreover human persons are honoured  - and this honour is due to them - whenever they are allowed to search freely, to voice their opinions and be heard, to engage in creative service of the community in all liberty with the associations of their own choice. Nobody should ever have to suffer reprisals for honestly expressing and living up to their convictions: intellectual, religious or political."

This letter became a benchmark of Malawi's democracy and the country's constitution reflects that. By ignoring the constitution the courts have inadvertently reversed much of the progress that Malawi has made since the independence.

For Steven and Tiwonge, history is on their side. Throughout human history, freedom has had to be won, be it slavery, apartheid, colonialism, racism, women's rights, and people suffering in the hands of their oppressors who were mainly driven by economic interests and domination. This begs thequestion: what do the Malawi Government hope to achieve by persecuting gay people?

I am aware that homosexuality remains a controversial issue even in the most developed democracies but surely “indecency” and  “unnatural acts”, which the couple has been convicted for, cannot be given priority over Malawi’s fledging democracy. The court could not do any worse to bypass its own laws only to convict people that are not a threat to society.