By using this site, you agree to the Privacy Policy.
Accept
The Times GroupThe Times Group
  • Home
  • National
    National
    Get the latest National News from your trusted source.
    Show More
    Top News
    Lawyers’ body wants Judge Manda probed
    October 14, 2024
    Education fight escalates in Nkhata Bay
    October 22, 2024
    Lazarus Chakwera rallies voters to register
    October 30, 2024
    Latest News
    Japan hails Malawi volunteer partnership
    November 12, 2026
    Malawi launches Population Awareness Month
    November 12, 2026
    Unmet promises
    November 12, 2026
    Malawi awaits IMF Board date on ECF
    November 12, 2026
  • Business
    Business
    Breaking news and analysis on business and the economy, including the latest news in technology, stock markets, media and finance.
    Show More
    Top News
    Forex shortage triggers cost-of-living crisis
    October 20, 2023
    Opportunity to deepen US-Malawi trade, investment
    November 2, 2023
    Muscco pushes for financial inclusion
    November 14, 2023
    Latest News
    MSE targets mining firms’ market entry
    November 12, 2026
    Honey industry faces setbacks
    November 12, 2026
    EU offers Malawi duty-free market for critical minerals
    November 12, 2026
    Cassava, potato value chains face challenges
    November 11, 2026
  • Entertainment
    Entertainment
    Your source for entertainment news, celebrities, celeb news, and celebrity gossip. Check out the hottest fashion, photos, movies and TV shows!
    Show More
    Top News
    Thlupego Chisiza to be laid to rest today
    June 19, 2023
    Suffix to star for Malawi in Germany
    July 12, 2023
    All set for Malawi Has Talent elimination show
    July 28, 2023
    Latest News
    Jack Mapanje’s last verse rises from ‘Rare Earths’
    November 12, 2026
    Casino leads Maso chorus
    November 11, 2026
    Malawi, India bond in song of freedom
    November 10, 2026
    First Couple mourns Jack Mapanje
    November 6, 2026
  • Sports
    Sports
    Keeping you up to date on the latest sports news from Malawi and around the World. With live scores, fixtures from world of Football, Netball,…
    Show More
    Top News
    Nomads won’t beef up squad for Caf tourney
    August 6, 2026
    Unfriendly Scorchers baptise Seychelles
    September 26, 2023
    MPs pledge continued support for Scorchers
    August 21, 2026
    Latest News
    Flames step up preparations ahead of Egypt clash
    November 12, 2026
    Fam commits K5 million to Swam
    November 12, 2026
    FA Cup in the offing
    November 12, 2026
    Coach Kalisto Pasuwa faces goalkeeper dilemma
    November 11, 2026
  • fyi
Search
More Categories
  • World
  • Features
  • Leisure
  • Social and Human interest
  • Digital & Technology
  • Advertise
  • About Us
  • Privacy Policy
  • Contact Us
© Copyright 2026, The Times Group. All Rights Reserved.
Reading: Court dismisses gay laws case
Share
Sign In
0

No products in the cart.

Notification Show More
Latest News
Japan hails Malawi volunteer partnership
National
Malawi launches Population Awareness Month
National
MSE targets mining firms’ market entry
Business
Flames step up preparations ahead of Egypt clash
Sports
Fam commits K5 million to Swam
Sports
Aa
The Times GroupThe Times Group
0
Aa
Search
  • Home
  • National
  • Business
  • Sports
  • Entertainment
  • Features
  • World
  • Digital & Technology
  • Leisure
  • Social and Human interest
  • Times Radio
  • Read e-Paper
  • Exclusive Content
  • Dzuka Publishing Company Limited
Have an existing account? Sign In
Follow US
  • Advertise
  • About Us
  • Privacy Policy
  • Contact Us
© Copyright 2026, Times Group Media. All Rights Reserved.
The Times Group > Blog > National > Court dismisses gay laws case
National

Court dismisses gay laws case

Times News
Last updated: 2024/06/29 at 9:15 AM
Times News
Share
6 Min Read
ANTI-SAME SEX PROTEST—Religious leaders organized national wide protests last year
SHARE
BROUGHT THE CHALLENGE—Akster

By Isaac Salima:

It was a cold day Friday in Blantyre but the case of The Netherlands national Jan Willem Akster and Malawian transgender individual Jana Gonani attracted hot and significant interest.

Akster and Gonani were challenging the country’s laws, specifically sections 153 and 156 of the Penal Code, that ban same-sex unions.

Section 153 of the Penal Code says that any person who has carnal knowledge of any person against the order of nature shall be guilty of a felony and shall be liable to imprisonment for 14 years.

- Advertisement -
Ad image

Section 156 says that any person who, whether in public or private, commits any act of gross indecency with another person of the same sex shall be guilty of a felony.

- Advertisement -

Same-sex unions are a highly contentious issue in Malawi, often receiving vehement open opposition from various quarters including religious leaders.

In the likelihood of a ruling that would support applications like those of Akster and Gonani, that would mean legalisation of same sex marriages in Malawi.

It would also mean gay, bisexual and transgender, lesbian and intersex practices would be allowed in Malawi.

So yesterday, the court was filled to capacity with members of the general public, civil society organisations and the clergy to witness what could potentially be a defining moment.

- Advertisement -

For about six hours the three-member panel of High Court judges consisting of lead judge Joseph Chigona, Vikochi Chima and Chimbizgani Kacheche took turns in reading the judgement.

Sitting as a Constitutional Court, they dismissed Akster and Gonani’s case.

Among their submissions, the claimants said most people in minority groups in Malawi face discrimination.

They said such people do not report to the hospital when they are sick and they end up committing suicide.

In the ruling, the court said Akster and Gonani did not provide enough evidence backing their claims.

It also said they failed to provide evidence on how they were discriminated against by the country’s laws as the stand at the moment.

In addition, they lacked sufficient interests to pursue the matter, according to the court.

Reading the judgment, Chigona said courts do not deliver judgement on the basis of how the public views the matter. Rather, it bases its decisions on what is provided in the laws.

The court left it to the Akster and Gonani to move Parliament to review the laws if they are not satisfied with the decision of the court.

Gonani’s lawyer Bob Chimkango said that they are not happy with the ruling.

“We have observed a lot of things [on the ruling] but we will wait for the perfect judgement so that we understand it deeply and thereafter we will advise our client on how to proceed,” Chimkango said.

Frank Namangale

Spokesperson for the Ministry of Justice and Constitutional Affairs Frank Namangale said they are pleased with the ruling “because the court has agreed with us.”

Akster was arrested in 2021 and is answering, before lower court, charges of sexually abusing some nine children at an orphanage where he was working as a Finance Director.

He is being accused of molesting students and employees at Timotheos Foundation where he once worked in Blantyre.

He was released on bail where he sought the Constitutional Court’s interpretation on the matter.

During the hearing, he told the court that he was not gay but was just unmarried and that he just wanted to protect the people’s rights including homosexuals.

For Gonani, in December 2021, he was convicted by Senior Resident Magistrate Court in Mangochi of offences of obtaining by false pretences and unnatural offences contrary to provisions of the Penal Code.

Gonani is currently serving an eight-year jail term at Chichiri prison.

Gonani through his lawyers complained that he was made to undress when he was arrested at Mangochi police to prove that he was female.

In July last year, amid the case being heard in court, local religious leaders led nationwide street protests against same-sex marriages in the country.

Archbishop Thomas Luke Msusa who led the protests in Blantyre was quoted in the media as saying same-sex marriages are a sin.

“If we change the way we live as a family, it means we will cease to exist,” he said to Voice of America.

“If we continue to marry a man with a man, surely the offspring, no children will come, then no life in the world, no life in Malawi,” he said.

You Might Also Like

Japan hails Malawi volunteer partnership

Malawi launches Population Awareness Month

Unmet promises

Malawi awaits IMF Board date on ECF

Malawi raises El Niño threat alarm at CoP31

TAGGED: Jan Willem Akster, Same-sex unions

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.

By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Times News June 29, 2024
Share this Article
Facebook Twitter Copy Link Print
Share
Previous Article Netball Association of Malawi interim committee inherits projects
Next Article Unicef-backed report lays bare impacts of pollution
Leave a comment Leave a comment

Click here to cancel reply.

Please Login to Comment.

Stay Connected

554.5k Followers Like
120.8k Followers Follow
5.5k Followers Follow
28.6k Subscribers Subscribe

Latest News

Japan hails Malawi volunteer partnership
National November 12, 2026
Malawi launches Population Awareness Month
National November 12, 2026
MSE targets mining firms’ market entry
Business November 12, 2026
Flames step up preparations ahead of Egypt clash
Sports November 12, 2026
//

The Times Group is a multi-award winning media group and the only 360 media house in Malawi.

About Us

  • Company Profile
  • Rate Cards
  • Vacancies
  • Privacy Policy
  • Contact Us

Quick Links

  • e-Edition
  • Times Radio
  • Subscribe for Exclusive Content
  • Submit a Story
The Times GroupThe Times Group
Follow US

© Copyright 2026, The Times Group. All Rights Reserved.

  • Advertise
  • About Us
  • Privacy Policy
  • Contact Us

Removed from reading list

Undo
Welcome Back!

Sign in to your account

Lost your password?