Arcadia Foundation

Two men who married each other in a traditional engagement ceremony in Malawi are faced with trial and years of imprisonment if found guilty of having a homosexual relationship.

The state, through police prosecutors, brought the two men to court soon after their engagement and asked the magistrate to determine that they are criminals for indulging in a homosexual relationship. A magistrate’s court in Malawi’s main commercial centre, Blantyre, on today ruled against two men, Tiwonge Chimbalanga and Steven Monjeza.

Blantyre chief resident magistrate, Nyakwawa Usiwa Usiwa, declared that Chimbalanga and Monjeza have a case to answer to. The couple is facing official charges of “gross indecency” for “having carnal knowledge against the order of nature“, offences under Malawi’s medeival-era penal code.

On March 16, Malawi’s main donors, including the UK government, Germany, African Development Bank (AfDB), Norway, the European Union and the World Bank, who operate under the Common Approach to Budget Support (CABS), warned Malawi against the prosecution of homosexuals. CABS provides up to 80 percent of Malawi’s development budget of 438 million dollars.

Chimbalanga and Monjeza did not seem to be moved by the magistrate’s decision and were not allowed to comment on the ruling.

Chimbalanga and Monjeza have been arrested based on Sections 153 and 156 of the Penal Code which criminalise homosexuality and recommend that anyone convicted under these sections may be jailed for a minimum of five years and maximum of 14 years and hard labour.

Monjeza and Chimbalanga, who are being held at Chichiri Prison, one of Malawi’s maximum security jails, have been refused bail on two different occasions by the same magistrates’ court. They are taunted and jeered by crowds of people every time they make a court appearance. The situation was not different on the day of the ruling.

The case has attracted a lot of interest both locally and internationally. The court was jam-packed during the ruling, with on-lookers, rights groups and diplomats from the British High Commission. The diplomats, however, remained silent.

“The court ruling today is a very sad development. The full trial will only perpetuate misery for the couple as they will continue to be kept in prison and continue to face the wrath of homophobic people,” said Gift Trapense, director of human rights organisation the Centre for the Development of People.

“It is very unfair to continue holding the couple in jail just because they are expressing their love for each other. The conditions in Malawi’s prisons are very bad; there is overcrowding in the cells and inmates go hungry most times. It is sad that they should continue suffering just for choosing their own way of life,” Trapense told the Inter Press Service News Agency.

Amnesty International has adopted Chimbalanga and Monjeza as prisoners of conscience. The rights organisation defines prisoners of conscience as people who have been jailed because of the lawful expression of their beliefs.

In a recent statement, Amnesty International United Kingdom director Kate Allen said Monjeza and Chimbalanga have committed no criminal offence.

“It is vital that as many people as possible join us in writing to the Malawi authorities calling on them to release the two men and for them to investigate their treatment in custody,” she said.

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