Malawi High Court Upholds Anti-LGBTQ Laws in Landmark Ruling

This ruling underscores the complex interplay between judicial interpretation, legislative action, and societal values in shaping Malawi's approach to human rights.

BLANTYRE, Malawi — Malawi's High Court has deflected the contentious issue of LGBTQ rights to the legislative branch, dismissing a constitutional challenge to anti-homosexuality laws and suggesting that any changes must come through parliamentary action, writes Winston Mwale.

The case, brought by Jan Willem Akster, a Dutch national, and Jana Gonani, sought to overturn sections of the Penal Code that prohibit "carnal knowledge against the order of nature," widely interpreted as criminalizing homosexual acts.

A three-judge panel, comprising Justices Joseph Chigona, Vikochi Chima, and Chimbizgani Kacheche, dismissed the application, citing a lack of evidence demonstrating how the existing laws discriminate against homosexuals.

The three-judge panel also recommended that the plaintiffs turn to Parliament if they seek amendments to the laws.

This decision effectively places the onus on Malawi's legislative body to address the controversial issue of LGBTQ rights in a country where conservative social attitudes prevail.

The court's stance aligns Malawi with other African nations that maintain colonial-era anti-LGBTQ legislation, setting the stage for a potential legislative battle.

As the matter shifts to the political arena, it remains to be seen whether Malawi's Parliament will take up the challenge of revisiting these laws in the face of international pressure for greater LGBTQ protections.

This ruling underscores the complex interplay between judicial interpretation, legislative action, and societal values in shaping Malawi's approach to human rights.

It also highlights the ongoing tension between traditional norms and calls for broader recognition of LGBTQ rights across the African continent.

---