10 Responses

  1. Peter Nkosi
    Peter Nkosi at |

    I am posting this from Malawi.

    Let me start off by saying I hope that the Court finds the “sodomy law” to be in breach of the Constitution, and that the cases of the three men are looked upon favourably. I mention this because I am going to be a bit critical of how the foreign media are reporting the latest developments in this story.

    1. The matter is in court because the Malawian Judiciary itself has put it there. In September last year there was a notice on its website stating that hearings would start in early December, and inviting those interested to apply to be friends of the Court. So the “court battle” has been launched by the Judiciary itself, and the activists are participating at its invitation. Someone in Malawi is spinning this around to make it look like the “battle” has been started on the initiative of the activists.

    2. There are no details about the convictions of the three men mentioned, other than there are three cases, and each one involves the conviction of a single individual. Since it usually takes two to tango, one wonders why the other participant in the act(s) was not convicted also? Perhaps there was no other participant, or he was a minor, or coercion was used. We will have to wait and see.

    3. The Judiciary are serious enough about this issue to have a bench of seven judges scrutinise the submissions made and prepare a judgement.

    4. It is the High Court which has taken on the issue. The Supreme Court is the top court, and the various issues can be taken there if necessary.


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