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News | Africa | Southern Africa

Malawi backs trial of newly wed gay couple

BLANTYRE, MALAWI Jan 19 2010 11:35
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Malawi on Tuesday defended the country's first trial of a newly wed gay couple charged with "gross indecency", saying they were being tried in a court of law and under existing laws.

"We are a sovereign country with own laws," Information Minister Leckford Thotho said.

"Our laws criminalise homosexuality, and what the two did was clearly breaking the laws of Malawi," Thotho said in a statement.

The government was reacting for the first time three weeks after Tiwonge Chimbalanga (20) and Steven Monjeza (26) were arrested and charged with "gross indecency" after conducting Malawi's first public gay wedding.

The two, who face up to 14 years in prison if convicted, have pleaded not guilty to the charge but are still in police custody after a magistrates' court denied them bail.

"Despite Malawi depending on international aid, the country is a sovereign country with its own laws and must not be influenced by the West in the running of its affairs of state," said Thotho.

"As government we cannot interfere in the court process. We depend on our Western friends, yes, but we are a sovereign country with our own laws."

The men's lawyers have argued that the penal code under which they were charged "is unconstitutional as it is against the spirit of the Constitution".

Last week, the pair asked the Constitutional Court to hear their case, arguing that their detention violated their legally protected rights.

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But the judge hearing their case insisted on proceeding with their trial until the higher court decides whether to accept their appeal. The trial resumes on Monday.

Monjeza and Chimbalanga's five-month relationship has shocked the conservative nation where homosexuality is banned and where sex topics are still largely taboo.

The pair has not applied for legal recognition of their wedding. -- Sapa-AFP
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I love the way these African despots say 'sovereignty' but actually mean 'F off'! Apartheid SA was also a 'sovereign' country and the international community still opposed it domestic practices and laws.

What is happening in Malawi is sick and should not be tolerated by the international community. What happens between two consenting adults in the bedroom has absolutely nothing to do with the government. This backwards and outdated way of thinking is one of the reasons why many parts of Africa is such a mess.
Concerned Citizen on January 19, 2010, 4:35 pm
People's bodies belong to them, not to you, not to me, not to your church and not to the state. What people do with their bodies in the privacy of their own homes is their business so long as they don't hurt anyone or do something to someone against that persons will. This obsessive desire to interfere and intervene in peoples private, personal lives is deeply disturbing. It seems that some people in Africa are determined to drag the continent backwards rather than forwards.
Cliff Smith on January 19, 2010, 5:58 pm
"Despite Malawi depending on international aid, the country is a sovereign country with its own laws and must not be influenced by the West in the running of its affairs of state," said Thotho. mmmh the Evil west again! Malawi look to South Africa and you will notice that South Africa allows Gay marriage; in fact the President is allowed 3 spouses! Oh yea must be the western influence again! No its HUMAN RIGHTS!
Denny Mallor on January 20, 2010, 6:20 am
We must remember that the rights gay South Africans enjoy also started with a man being tried under the old sodomy laws. It was the judge who found that the laws were unconstitutional, even though the man still broke the law, which started the process of changing the laws. Hopefully the Malawians will also see reason, and change the laws as we did here in SA.

So even though i disagree with the laws under which they are being tried, I agree with the Mr Thotho's statement. We can start criticising after the law has taken its course.
Bennie Boo on January 20, 2010, 9:07 am
Nail these mofies. All those who talk about gay rights are homosexuals themselves because you cannot support a theory that you don't understand.
Mikhael Gorbachev on January 20, 2010, 10:28 am
@Mikhael Gorbachev - Poor poor Mikhael, feeling insecure about the poor moffies. Ah, probably a closet case yourself!

Stop judging other people, you idiot! And learn some tolerance.
Concerned Citizen on January 20, 2010, 10:48 am
@concerned citizen, tolerating immorality is a NO No to me. And Guess what? I am proud of it because there is no way in hell that I will ever desire another man. As for your protectionism of gays I know that you have had a relationship with one though your partner doesn't know it. It is a filthy act that is supported by opportunists who prefer to take it both ways.
Mikhael Gorbachev on January 20, 2010, 11:42 am
Oh Mikhael you are so wrong - I am OPENLY gay! You go and enjoy your ignorance and bias and leave these two people to live their lives - their relationship has nothing to do with anybody, much less the government.

I'm still surprised that all the years of Apartheid oppression and discrimination and you can't wait to discriminate against other people!
Concerned Citizen on January 20, 2010, 12:05 pm
Malawi doesnt allow homosexuality go and do it outside Malawi.
AMOS MAKOBA on January 20, 2010, 8:32 pm
Just another African kakistocracy !
on January 21, 2010, 11:02 pm
Homosexuality is just another way that we are separated from Jesus...its no better and its no worse than the hundreds of other ways we are separated from Him (in your case @Mikhael Gorbachev , maybe false pride, arrogance and bigotry are things you might need to ponder on?)...but the end result is death. If you don't believe in a loving Father who created each of us then maybe its time to get on your knees, soften your heart from whatever rebellion rules your life and ask Him to show you the way...no amount of hurt, anger, fear or denial is going to change the fact that He loves you and that He lives...
Brett D on March 20, 2010, 5:01 pm
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