The High Court sitting as a Constitutional Court in Blantyre delivered a landmark judgment on Friday in a case where two applicants challenged the constitutionality of Malawi’s laws criminalizing same-sex relationships.
The applicants, Jan Willem Akster from the Netherlands and Jana Gonani, sought a declaration from the Constitutional Court that sections 153 and 154 of the Penal Code are unconstitutional. Section 153 states: “Any person who— (a) has carnal knowledge of any person against the order of nature; 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 liable to imprisonment for 14 years.” Section 154 specifies: “Any person who attempts to commit any of the offences outlined in section 153 shall be guilty of a felony and liable to imprisonment for seven years.”
Akster and Gonani were facing criminal charges in magistrate courts related to same-sex conduct and escalated the matter to the Constitutional Court.
However, the panel of three judges, comprising Joseph Chigona, Chimbigzani Kacheche, and Vikocha Chima, dismissed their arguments. The judges, after assessing the claims against section 44 of the Constitution, concluded that the contested provisions are consistent with the Constitution. They advised that those who consider these laws unjust should petition Parliament for legislative changes.
