Judgement is expected tomorrow in a landmark case challenging Malawi’s laws criminalizing same-sex relationships.
A panel of three judges, sitting as a constitutional court in Blantyre, heard oral submissions from all parties in August last year.
The case was brought by two men, Jan Willem Akster and Jana Gonani, who argued that sections of the Penal Code prohibiting “unnatural offenses” were unconstitutional.
During the hearing, lawyer Bob Chimkango told the court that his client, Gonani, was arrested and harassed, including being forced to undress to verify his gender.
Chimkango argued that the provisions of the Penal Code were unconstitutional and violated human rights.
State lawyers and the Attorney General countered that the two men lacked sufficient interest in the matter and that consent was marred by fraud.
Amicus curiae, including human rights organizations and religious bodies, also presented submissions.
The judges will deliver their judgement tomorrow, June 28, at 9 am in the High Court Principal Registry in Blantyre.
Malawians are eagerly awaiting the ruling, which could have significant implications for the country’s laws and social norms.
In a country where same-sex relationships are widely taboo, the case has sparked intense debate and discussion.
The ruling could potentially pave the way for the decriminalization of same-sex relationships in Malawi, a move that would align with international human rights standards.
The judgement is expected to be closely watched by human rights organizations and the international community.
