…faces 5 years in jail
People’s Party (PP) press secretary Kenneth Msonda is at risk of spending the next 5 years of his life in jail following his remarks that gays in Malawi should be killed.
Reports that Malawi24 has received indicates that human rights bodies have dragged Msonda to court for inciting violence against homosexuals in Malawi which contravenes Section 124 of the country’s Penal Code.
Msonda is alleged to have posted on Facebook that homosexuality is a sin and the people who practice it do not deserve human rights but to be killed.
It is on the basis of these remarks that Cedep and CHRR have decided to drag Msonda to court to answer a charge of incitement to break the law under section 124 (1) (b) of the Penal Code.
The Section states that “any person who, whether in writing or by words or by his behaviour or otherwise— (a) solicits or incites any other person to fail to comply with or to contravene any law in force in Malawi or in any part thereof; or (b) indicates or implies to any person that it would be incumbent or desirable to fail to comply with or to contravene any such law, shall be liable to imprisonment for five years”
According to the Section, claims that one’s incitement could not lead to actual violence can not be used defence.
Speaking to the media, CHRR executive director Timothy Mtambo said that they had dragged Msonda to court not because he specifically targeted gays but for his remarks.
“If he was saying we should kill all short people, we would equally drag him to court,” said Mtambo.
Meanwhile Msonda has said he is ready to appear in court.