Court throws out moratorium on gays


dingiswayo-madiseThe High Court in Mzuzu Tuesday threw out government’s moratorium on gays and granted leave for judicial review.

The injunction was sought by Young Pastors Coalition of Malawi. Lawyer for the pastors, George Kadzipatike, said the injunction means that those found indulging in homosexual activities will have to be arrested in respect to Malawi’s Constitution.

He said those who were arrested and freed still have a case to answer.


The injunction granted by Judge Dingiswayo Madise stops all decisions made by Minister of Justice and Constitutional Affairs that protected gays and demands the Director of Public Prosecutions to prosecute those found indulging in gay activities and further asks the police to arrest such people. The ministers, Director of Public Prosecutions and the police are the respondents in the case number 17 of 2016.

“That an order of injunction be and hereby granted restraining the 2nd and 3rd respondents [DPP, Malawi Police] their agents, servants or whosoever from continuing to cease arresting and prosecuting suspects of homosexual offences or offences relating to carnal knowledge against the order of nature as prohibited by section 153 of the Penal Code, Chapter 7:01 of the Laws of Malawi,” reads the injunction dated February 9 2016.

The court has since asked the applicants to file an interpartes summons for continuation of the interlocutory/ Injunctory reliefs within seven days from the date of the granting of the order and that the interpartes summons be held within 14 days.


Reverend Patrick Banda of Young Pastors Coalition of Malawi said yesterday that gays should be arrested because the act is unconstitutional.

He said he wondered why government was protecting gays and their actions.

Banda also said as pastors, they will fight hard so that the Constitution is respected on the matter.

He also called on President Peter Mutharika to make his position clear on the gay issue.

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