Court boosts Malawi gay rights case: Throws out AG's objection

Published: January 21, 2014

 The High Court in Blantyre on Monday dismissed objections by the Attorney General (AG) stopping the court from proceeding with its intention to review constitutionality of the country’s ‘sodomy’ laws, which criminalise consensual sexual activity between individuals of the same sex.

The court exercising its jurisdiction under the Constitution, Courts Act and Criminal Procedure and Evidence Code, is reviewing conviction of Mussa Chiwisi, Mathew Bellow and Amon Champyuni based on constitutionality of Section 153 (a) of the Penal Code vis-a-vis setion 20(1) of the Constitution and the sentences imposted by the lower courts.

Gay activists want the court to declare the laws that criminalise homosexuality unconstitutional but government through AG Wanted the proceedings stopped.

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