Same sex ruling set for tomorrow – Capital Radio Malawi
24 July, 2024

Same sex ruling set for tomorrow

The High Court sitting as a Constitutional Court in Blantyre is tomorrow expected to rule on the constitutionality of laws criminalizing same-sex acts in the country.

The case, Constitutional Referral No. 2 of 2021 was taken to court by a Dutch national Jan Willem Akster and a transgender Jana Gonani against the Attorney General.

The applicants are challenging the constitutionality of Section 153 of the Penal Code Act which criminalises same sex marriages.

The provision reads;

153. Unnatural offences

Any person who— (a) has carnal knowledge of any person against the order of nature; or

(b) has carnal knowledge of an animal; or

(c) permits a male person to have carnal knowledge of him or her against the order of nature, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

A panel of three judges led by Judge Joseph Chigona alongside Vikochi Chima and Chimbizgani Kacheche has been hearing the matter.

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