Malawi Human Rights Commission fault government on gay release


Tiwonge Chimbalanga

The Malawi Human Rights Commission (MHRC) has said it is unconstitutional for government to suspend laws that criminalise homosexuality in the country.

Samuel Tembenu Malawi Justice Minister
Tembenu: Malawi issued a moratorium in December

The comments come after the Peter Mutharika administration dropped charges against two men, Cuthbert Kulemela and Kelvin Gonani, who were charged with sodomy following allegations that they were having sex with each other.

In issuing the order to release the two men who were facing a possible 14-year jail, Justice Minister Samuel Tembenu announced in December that the country had imposed a moratorium on all anti-homosexual laws pending a decision on whether to repeal the legislation.

However, the Malawi Human Rights Commission has faulted government saying it does not have constitutional mandate to suspend laws.

MHRC chairperson Justin Dzonzi said it is only parliament that possess such a mandate. He said the moratorium that government had imposed on anti-homosexual laws is therefore illegal and must be disregarded.

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The Commission, established by the Malawi Constitution to safeguard human rights in the country has advised government to table in Parliament the suspension of any law rather than issuing an Executive Order.

It is however not clear whether the charges against Cuthbert Kulemela and Kelvin Gonani still stand.

Meanwhile, various religious bodies and all opposition parties in the country have blamed government for the moratorium, saying homosexuality is not only illegal but goes against the country’s cultural norms.

199 thoughts on “Malawi Human Rights Commission fault government on gay release

  1. sindiye kupusako kumenekoko … inu abakha et zimenezo muzikapangila ku satanic kwanuko chifukwa zikupangisan zimenez nd mphavu ya satan dyelekez …. …. munya2 ndye anthu ake nde sifeo olola zopusa zanuzo achule inu et kukhala ndma udindo mwayamba xiko kuli yika mwanja mwanu , musamavutke mwini dziko akubwela posachedwapa nde inu mufuna kutza kut chan ,, zimenezo muzipanga nokha amaudindo ndonu chifukwa more over mumangosankhana nokha mkona mukukamba mandenga anuwa…

  2. Mmmmm human rights apa mwaonjeza ma gay nanu mukuganiza bwanji? Nawonso ma donors chifukwa choti ndife osauka bac But God ll punish them

  3. Malawi in injury time awemma manje madoda sizobebana kanjan? Its better to sell dis country mwina ogulaYo sangalole zamathanyulazo komabe mulungu achitapo kanthu aibo malawi usaid ur warmheart of africa manje uyaphi hy angazike

  4. Malawi is a puppet of western countries ad the Us, our incompetent president and his mediocre regime wil do anything even if it means to change our constitution to plz their masters, our grandchildren wil pee on our graves for embracing this demonic thing (gay) in our God fearing nation, God did not create peter and John at the genesis but Man and a woman

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