Same-sex case adjourns for submissions
The High Court of Malawi sitting as the Constitutional Court in Blantyre yesterday completed hearing witnesses in the same-sex case and adjourned the matter to August 28 and 29 2023 for hearing of submissions.
High Court of Malawi Judge Joseph Chigona, who is chairing a three-judge panel, directed that written submissions by parties be filed with the court by close of business of August 4 2023 ahead of oral presentations on August 28 and 29.
Claimants in the case, Jan Willem Akstar from The Netherlands and Jana Gonani from Mangochi, want the court to declare some provisions in the Penal Code that criminalise same-sex unions unconstitutional.
But the State, supported by faith groups who joined the case as friends of the court, has been objecting to the claimants’ demands.
Before the adjournment of the case, Attorney General (AG) Thabo Chakaka Nyirenda re-examined State witness Samson Chisanga, who is a State prosecutor at State Advocate Chambers in Blantyre.
This followed a cross-examination by one of Akstar’s lawyers, Bob Chimkango.
During the cross-examination, Chisanga agreed that the matter before the court was to do with the Penal Code, and not the Marriage Act.
But while taking questions, Chisanga narrated how Akstar allegedly abused nine men by having carnal knowledge with them without their consent and how the second claimant, Gonani, tricked men into believing that he was a woman by dressing and talking like a woman.
During re-examination by Nyirenda, Chisanga explained how Akstar abused the nine men and how Gonani allegedly duped men into believing that he was a woman and also stole mobile money from men he convinced to sleep with him.
He told the court a medical examination confirmed Gonani was a man.
Private practice lawyer Victor Jere, representing the State alongside the AG, told the court that Akstar, after the court session on Monday, attempted to communicate by mobile phone to one of the men who complained to police of being sexually abused by him against the order of the nature.
Judge Chimbizgani Kacheche agreed with Jere on the need to conceal the names of the complainants as the case was being aired live on two radio stations while Chigona advised Akstar’s lawyer, Fostino Maere, to caution his client on his conduct.
As it stands, the Penal Code criminalises acts of carnal knowledge against the order of nature and if convicted, one faces a maximum sentence of up to 14 years in jail.
Episcopal Conference of Malawi, Malawi Council of Churches, Muslim Association of Malawi and the Evangelical Association of Malawi are some of the faith groups that joined the case as friends of the court where pro-same sex relationships advocates want an interpretation of Section 153 (c) of the Penal Code.
