By Isaac Salima:
Concerned parties in the same-sex relations laws case Tuesday completed presenting oral submissions and the matter now awaits ruling.
The case returned to the High Court sitting as a Constitutional Court in Blantyre on Monday, with the State, led by Attorney General Thabo Chakaka Nyirenda, the claimants’ legal team and lawyers representing friends of court making their submissions.
On Monday, Bob Chimkango, who is representing the second claimant Jana Gonani, was the first to make his submission, where he argued that the Republican Constitution is not clear on what constitutes carnal knowledge against the order of nature.
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He, therefore, said there is a need to acquit his client.
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The AG and Jere argued that appellants lacked evidence to prove that their rights were violated and that they faced discrimination.
And, Tuesday, friends of the court— who are representing concerned parties— also gave their submissions.
Lawyers for Catholic Commission for Justice and Peace, Muslim Association of Malawi (Mam) and Evangelical Association of Malawi said, in their arguments, that the case should be dismissed.
“These people are arguing on facts that are not before the court. There is no proven evidence that their clients were discriminated against or suffered any form of violation as they want the court to believe,” Frank Mbeta, who represented Mam, said.
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Chimkango was satisfied after presenting arguments.
“We have presented our issues and we are happy that there were no major issues to talk about [in the hearing]. Our expectation is that the court might acquit my client on unnatural offences, having proved that there was evidence that was illegally obtained [from him] such as being forced to undress and being forced to undergo medical treatment,” he said.
Chakaka Nyirenda said they are eagerly waiting for the ruling on the matter.
“These people have demonstrated that they have no sufficient interest in the matter because the court does not operate in a vacuum. It needs evidence,” Chakaka Nyirenda said.
The case involves Gonani and Dutch national Wim Akster, who wants the court to declare unconstitutional laws in the country’s Penal Code that criminalise those who indulge in same-gender sex.
Lead Judge Joseph Chigona, who was hearing the matter alongside Vikochi Chima and Chimbizgani Kacheche, has since adjourned the case as they wait to pass their verdict.
