… Court orders arrest of gay people
The Mzuzu high court has ordered Malawi Police and the Director of Public Prosecutions to arrest people engaged in same-sex acts.
Judge Dingiswayo Madise made the order in Mzuzu on Monday and warned that any person who disobeys the order shall be guilty of contempt of court.
Madise said arrests should continue until there is a judicial review of government’s decision to stop prosecutions of gay people Malawi.
Three Mzuzu based pastors filed a court application to have same sex couples prosecuted arguing that laws of the country forbids homosexuals.
The three pastors,Tushalishe Mbeye, Patrick Banda and Christopher Kamasamba also argued that the Parliament has not yet reviewed laws that forbid gay acts.
In 2012, former President Joyce Banda imposed a moratorium on anti-gay laws and ordered the police to stop arresting people committing homosexual acts.
Sections 153 and 156 of Malawi’s penal code criminalize sexual conduct between men and anyone convicted faces up to 14 years imprisonment, with or without corporal punishment.
Section 137A of the penal code criminalizes “indecent practices between females”, with anyone found guilty liable to five years in prison.