A panel of three High Court Judges, sitting as a Constitutional Court, is scheduled to render a decision on June 28, 2024, regarding the validity of specific Penal Code sections in light of the constitutional standards of the Republic of Malawi.
The judgement is in light of the case of Jan Willem Akster & Jana Gonani vs. Attorney General, Constitutional Referral No. 2 of 2021 where the Applicants, who were arrested over homosexual acts, challenged the constitutionality of Malawi laws in the penal code prohibiting homosexual acts.
The Penal code provisions under microscope tomorrow are as follows:
- Section153, Penal Code:
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 shall be liable to imprisonment for fourteen years.
- Section 154, Penal Code
Any person who attempts to commit any of the offences specified in section 153 shall be guilty of a felony and shall be liable to imprisonment for seven years
- Section 156, Penal Code
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony and shall be liable to imprisonment for five years.
