Fresh lobby against same-sex relations
While the High Court of Malawi sitting as the Constitutional Court is still hearing a petition to legalise same-sex relations, the Catholic Church has taken the fight against homosexuality to the streets.
The Catholic Church’s Archdiocese of Lilongwe has unveiled plans to hold demonstrations while bishops are said to be hammering out a joint action plan.
The demonstrations are scheduled for Lilongwe next week, according to the Archdiocese of Lilongwe communication dated June 14 2023 to the district commissioner and Speaker of the National Assembly they seek to petition.
In an interview yesterday, Episcopal Conference of Malawi (ECM) secretary general Father Alfred Chaima, who is bishop-elect for the Zomba Diocese, confirmed about the eight bishops’ joint force.
While reports indicate that the bishops plan to declare that the protests are conducted nationwide, he could not concretely dismiss them.
Chaima said: “I would commit myself to give you what the bishops will communicate later, but that [declaration of nationwide demonstrations] I cannot confirm officially.”
The demonstrations in Lilongwe are scheduled to start from Mtima Woyera Parish near Lilongwe Girls’ Secondary School through Mchesi to Parliament Building at the City Centre.
Reads the letter to the Speaker and copied to the Office of the President and Cabinet and the Chief Justice: “On behalf of the lay faithful of the Catholic Church of the Archdiocese of Lilongwe, we the undersigned wish to notify your good office about our intention to present to you a petition on our faith-beliefs, views and opinions against legalisation of homosexuality in Malawi.
“Homosexuality is against the Scripture and the teachings of the Catholic Church and it is about acts against the order of nature, therefore, should not be promoted in any way.
“It is our conviction that these acts should not be allowed in a country touting to be God-fearing.”
The letter is signed by Archdiocese chaplain Father Emmanuel Dilowo and secretary Janet Siliya.
However, both signatories yesterday declined to comment with Dilowo stating they would shed more light on the issues in three days’ time.
The development comes after ECM alongside the Malawi Council of Churches, Muslim Association of Malawi and the Evangelical Association of Malawi moved the High Court of Malawi to join the case where pro-same-sex relationships advocates want an interpretation of Section 153 (c) of the Penal Code.
On why they did not wait for the courts to make its ruling on the matter before taking any action, Chaima said their actions are not meant to influence the courts.
He said: “If people were told that people are demonstrating against the court case then that would have been an issue. If the Church is doing it so that it voices out what its teaching is on a particular matter, it doesn’t matter whether the case is in court or not.”
Meanwhile, Catholic University of Malawi dean of law John-Gift Mwakhwawa has warned the church against expressing legal opinions during the demonstrations.
“Even though they are at liberty to still demonstrate, they cannot be making legal opinions and championing legal positions through their demonstrations,” he said in an interview yesterday.
However, University of Malawi professor of law Garton Kamchedzera dismissed fears that the demonstrations may influence the courts, saying: “Firstly, those wanting to demonstrate have a right to express themselves. Secondly, courts make decisions according to law, legal issues raised in a particular case, and the material facts of a case.
“Properly trained courts do not take into account public opinion, although they may take judicial notice of public interest.”
Social Justice Foundation, a human rights organisation that focuses on addressing economic, justice and psychosocial needs of the lesbian, gay, bisexual, transgender and queer people (LGBTIQ+) community in the country, has, however, faulted the planned demonstrations.
In a written response to our questionnaire, the foundation’s executive director George Kachimanga urged the Catholic Church to let the courts do their work.
He said: “They have a right to demonstrate just like any other citizen or institution in the country. However, I would appreciate if they don’t mislead Malawians in their messaging.
“The cases are in the hands of the High Court. Let them respect the Judiciary do their work and the law through Constitution will guide us.”
Lilongwe district and city authorities had not responded to our questionnaires as we went to press yesterday.
Meanwhile, Police deputy national spokesperson Harry Namwaza said the district council has not notified them about the demonstrations.
The matter follows a constitutional referral matter of 2021 involving a Dutch national Jan Willem Akstar and a transgender woman Jana Gonani who are challenging the constitutionality of banning same sex marriages in the country.
Akstar and Gonani moved the Constitutional Court to declare the two pieces of legislation unconstitutional, arguing that they violate their right to privacy, dignity, among others.
In 2012, the Ministry of Justice issued a moratorium on arrests and prosecutions for consensual homosexual acts. However, a 2016 High Court order suspended the moratorium pending judicial review by the Constitutional Court.
