Homosexuality is one of the debates going on in Malawi today but mostly Malawians speak against the conduct especially when some people of the same gender tend to consider themselves as a couple it intending to get married. I can say that I live in a society that is almost one hundred percent against this behaviour.
When I was growing up, I never heard anything like lesbian, gay, bisexual and transgender people. They never existed in my mind and I never got the chance to see any of them but at least I heard of bisexual people. It was only until I was in secondary school. I read about such people in a magazine and they were from distant countries in the west. They sounded and looked weird people to me just like the story of aliens.
Just recently, I read about LGBT in a WhatsApp group and I couldn’t figure out what the acronym stood for but it only made me keep guessing. Then I decided to make a research about LGBT and discovered the letters stand for lesbian, gay, bisexual and transgender.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Malawi face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal since 1891 (as British Central Africa Protectorate)
Penalty
Up to 14 years imprisonment, with or without corporal punishment for men; Up to 5 years imprisonment for women (rarely enforced, repeal proposed)
Gender identity
The Penal Code prohibits “carnal knowledge against the order of nature”, attempts to commit “carnal knowledge against the order of nature”, and acts of “gross indecency”. In late December 2009, a trans woman, Tiwonge Chimbalanga, and a man, Steven Monjeza, were arrested after holding a traditional “engagement” party. On 18 May 2010, they were found guilty of having committed “unnatural offenses” and “indecent practices between males”. On 29 May 2010, then President Bingu wa Mutharika pardoned both individuals.
On 26 June 2021, the country’s first ever Pride parade was held in Lilongwe, organized by the Nyasa Rainbow Alliance, with the 50+ attendees delivering a petition to the city’s officials demanding marriage equality and better access to healthcare for LGBT people.
Legality of same-sex sexual activity
The Malawi Penal Code provides :
Any female person who, whether in public or private, commits any act of gross indecency with another female person, or procures another female person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female person, whether in public or private, shall be guilty of an offence and shall be liable to imprisonment for five years.
— Section 137A: Indecent practices between females
Any person who—
(a) has carnal knowledge of any person against the order of nature; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature, shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal punishment.
The reasoning of the western culture and African culture are obviously very different from each other. Even most of the jokes that sound funny and make people laugh in the western countries, don’t work for Africa because they aren’t funny at all to us and we won’t simply laugh so it would be foolish for anyone to ask me why I won’t laugh or even ask me why I won’t laugh.
All I know is that even when some farm animals show such a behavior, they are considered mad and instantly killed. I also believe such animals are indeed mad and deserve to be slaughtered because they don’t make any meaningful reason to exist. I mean, what is the purpose of keeping farm animals that behave in a strange way?
I wish to support the laws found in the Malawi penal code because they are in line with our cultural values. We are humans and not farm animals that would like to be slaughtered.
*Views expressed in this article are those of the author and not necessarily of Malawi24 and its editorial policy.
