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.

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. Chomwe chili choletsedwa even mu Bible, sichingakhale chabwino in the name of Human Rights. Ngati ndichoncho even amene amaba pofuna kupeza choti adye patsikulo, asamamangidwe coz ali ndi ufulu okhala ndi moyo, where r they driving us to ?

  2. No gay in malawi.who bring it? ,whites .who are they? Those who are accept it they must think the consequences of it. goog and bad of it. If fight broke man and women what about all men all women what will be ? =(great havoc) Once a person marry they expect a gift (child) if all same sex what is going to be? They must think as a human not as a stone .even wild animal there is male and female.

  3. No gay in malawi.who bring it? ,whites .who are they? Those who are accept it they must think the consequences of it. goog and bad of it. If fight broke man and women what about all men all women what will be ? =(great havoc) Once a person marry they expect a gift (child) if all same sex what is going to be? They must think as a human not as a stone .even wild animal there is male and female.

  4. suzufunika kuchita kufusa maganizo . Akuluakulunu mudziwa kut nd usatana nde kungokaniratu ngat simudatuluke kwa abambo anu. a malawi chonde tisasekerere chifukwa oonongedwa sadzakhala othanyulana okhawo koma dziko lonse.

  5. My leaders of the country, is this because of the poorness of our mation that’s why we have to agree on everything? I salute president Robert mgabe and I will repeat his words on this gay scene. A DIRTY VIRGINA SMELLS WELL FAR BETTER THAN A CLEAN ANUS. sure mpaka kuvomeleza kuti anthu azipwalana konyera? No is No. They won’t kill us just cause we disagree. Mxxxxm gay gay gay nonsense

  6. NDIFE ANTHU OGANIZA NAFESO NT AKU AMERICA MUTISIYIRE DZIKO LATHU SITIKUFUNA NDALAMA NZANU KOMA MTETELE WA MULUNGU AMABUNGWE NANUTSO MALAMULO ANU TAKANILANTHU MUNO MU MALAWI MUTISIYE POTI MULUNGU ALINAFE NTHAWI ZONSE NAWESO PETER NGATI PILEZIDENTI WA DZIKO BE CAREFUL AND ABAREWERE ZA USILU TAKANILATHU IFEYO MUNO..GOD HELP MALAWI.

  7. Ndekuti chani human rights mukukaka miza athu zopusa apadera muyambe azibale anu osati ife simutitha muzingo wadyera ndarama azungu kuno ife TOTO nsetezo

  8. Mulore mwazi wanga nd wa Msonda ukhale mafuta oyendesera engine yachilungamo ndikudana nditchimo lamathanyulalo mmalawi muno

  9. MHRC itotally agree with you this government is taking us for granted!Malamuro adzikolino siangasinthike ndi munthu modzi,chikhalidwe ichi ndichakale kumbukirani za mbendera yadzikolino mmene zinayenderanso

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