Just in: Msonda’s homosexuals case discontinued

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Ken Msonda

With less than 24 hours to go before the start of his court hearing over his ‘hatred’ comments on homosexuals, Malawi’s ex ruling People’s Party (PP) Publicist, Ken Msonda’s case has been discontinued by the court, Malawi24 has learnt.

Magistrate Peter Kandulu at Blantyre Court has  discontinued the case after the state moved to discontinue it in pursuant to Section 77 (1) of the Criminal Procedure and Evidence Code.

Ken Msonda
Msonda: His case now discontinued.

Some weeks ago, Msonda posted on Facebook that homosexuality is a sin and the people who practice it do not deserve human rights but to be killed.

It was on the basis of these remarks that Centre for Peoples Development (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) 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 cannot be used as defence.

This comes a day after Malawi24 had reported that a group of gays in Blantyre a group called Rainbow Generation (Blantyre Chapter) asked on gays and lesbians to ‘flock’ to the court in support of the cause.