Ministry of Justice - Malawi

19/07/2024

The Attorney General (AG) Thabo Chakaka Nyirenda has completed the formal process of appointing two former Attorneys General senior counsel Kalekeni Kaphale and Chikosa Silungwe as part of the State's legal team in the 'thin plastics case'.

Also appointed and authorized by the AG to act on behalf of the State pro-bono (without any financial benefit) is renown private practice lawyer Bright Theu of Nicholls & Brooks.

A good number of members of the public viewed the initial offer honourables Kaphale and Silungwe made as patriotism at another level.

The AG yesterday notified the High Court of Malawi's Lilongwe District Registry, Civil Division, of the appointments through a notice filed.

Other institutions including civil society organisations and University of Malawi's Environmental Justice and Sustainability Clinic, which is under the Faculty of Law, have joined the working group on the case.

The State team is set to fight a fresh injunction 11 companies involved in manufacturing of thin plastics obtained on 25th June 2024 to stop Ministry of Natural Resources and Climate Change from implementing a ban on thin plastics.

The 11 companies that obtained the injunction through Counsel Wapona Kita are City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Ltd, O.G Plastics Industries (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries and Shore Rubber (Lilongwe) Ltd.

Cartoon: Courtesy of today's edition of The Nation

19/07/2024

The Financial and Economic Crimes Division has announced it will pass its judgement on 5th September 2024, from 10 am in the bus depots case.

Justice Violet Chipao, presiding over the case, made this announcement after hearing oral submissions from both parties.

AG being interviewed by the media after the court session

19/07/2024

Parties in the bus depots case are today presenting final oral submissions before the High Court of Malawi's Financial and Economic Crimes Division in Lilongwe.

The Honourable the Attorney General Thabo Chakaka Nyirenda has just completed making his submissions, urging the Court to make a declaration that the assets that include bus depots and workshops in some parts of Malawi belong to government.

He asked the court to also make an order that all proceeds National Bus Company Limited made from the assets be remitted to government.

The AG said the State, citing several testimonies, has made up its case that State assets were shared as tomatoes in the name of public-private partinership.

One of the lawyers representing National Bus Company Limited owned by businessman Laston Mulli, Frank Mbeta, is on the floor and he has since argued that the depots and workshops were given to new bus firm after negotiations.

He told the Court that when the Malawi Government invited private players into the deal, it was made clear that the new bus company could not have survived without use of the assets in question.

After the submissions, the Court, being presided over by Justice Violet Chipao, is likely to adjourn to prepare its judgement.

The bus depots are located at Wenela in Blantyre, Malangalanga in Lilongwe, Mzuzu and Mzimba.

File photo: AG (L)

18/07/2024

18/07/2024

The Zimbabwean Ambassador to Malawi, Dr. Nancy Saungweme has said strengthened bilateral cooperation can go a long way in enhancing justice delivery systems between Malawi and Zimbabwe.

The Zimbabwean envoy, who is also Dean of the Diplomatic Corps in Malawi, said this during a courtesy call she paid on the Minister of Justice Honourable Titus Mvalo at Capital Hill in Lilongwe on Tuesday.

The Ambassador, accompanied by her deputy Mr. Lovemore Matemera, cited two draft Memoranda of Understanding (MOU) which were proposed to Malawi last year when the Zimbabwean President His Excellency Emmerson Munangagwa visited Malawi.

She said since there is no Extradition Agreement between Malawi and Zimbabwe, if all processes are undertaken and the MOUs are signed by the two countries, they can help bring about cooperation between the two countries in the areas covered by the two MOUs which are Mutual Legal Assistance in criminal matters and Mutual Legal Assistance in Enforcing Maintenance Orders.

Honourable Mvalo agreed with the Zimbabwean Ambassador that the proposed MOUs cover important areas of cooperation and singled out the proposed MOU on Mutual Legal Assistance in Enforcing Maintenance Orders as one which would alleviate a lot of problems which respectively Malawian and Zimbabwean women with young children fathered by men from the other country face to enforce maintenance orders.

The Honourable Minister said apart from these two areas of possible cooperation, the other area worth considering too would be Exchange of Convicted and Sentenced persons. This means that Malawians in conflict with the law and convicted in Zimbabwe would be allowed to serve sentences in Malawi, and vice versa.

The Minister said: “it is not only a desirable thing to do, but a human rights issue too because this would enable the prisoners access food with better nutrition from their relatives back home, and access to nutrition is a human right. Not only that, the fact that they would enjoy the company of their relatives as they visit them in prison from time to time is also important to them as well as to their relatives psychosocially."

Honourable Mvalo assured the Ambassador that he would, in consultation with the senior officers at his Ministry and the Honourable Minister of Foreign Affairs, undertake steps to have the MOUs processed and signed.

18/07/2024

The extradition case of leader of Elightened Christian Gathering Shepherd Bushiri and his wife Mary continues this morning before the Lilongwe Chief Resident Magistrate Madalitso Chimwaza.

Their defence lawyer was set to conclude cross-examining Director of Public Prosecutions (DPP) for Gauteng Province in South Africa, Sibongile Mzinyathi, who is a State witness.

Yesterday, during cross-examination, the Court learnt that the alleged r**e cases in South Africa against Shepherd Bushiri were withdrawn.

Private practice lawyer Wapona Kita is representing the Bushiris.

The South African authorities are fighting to have Bushiris back in that country to answer alleged crimes they committed there.

The Bushiri's were arrested in the Republic of South Africa in October, 2020 for several charges including fraud, theft and money laundering. They, however, left the Republic of South Africa and fled to Malawi in November 2020.

The Malawi Government is being represented in the case by Director of Criminal Litigation in the Directorate of Public Prosecutions, Dzikondianthu Malunda.

The Bushiris

17/07/2024

The High Court of Malawi in Blantyre has today allowed a claimant in a land wrangle case in Mangochi District, Edward Gopole, to have the matter adjourned to enable him and others prepare, file and serve to other parties a consolidated trial bundle.

Gopole and Shabir Ismail and other persons are claimants in the matter, while Victor Marvern Lulker, the Deed Registrar and Mangochi District Council, are first, second and third defendants respectively.

The court battle is over a piece of land in Mangochi which the first defendant, Lulker, is said to have bought. This land was regularized through the issuance of a Deed. Later, the claimants bought the same land through alleged dubious means.

The Attorney General, represented by lawyers Francis MacJessie and John Chaula, is representing the Mangochi District Council in this civil matter being presided over by Justice Rosemary Kayira.

When the case was set for hearing today, lawyers for the first claimant, Jones Dziwani and Victor Jere, requested the court to adjourn the matter to allow the parties to prepare and come up with the consolidated trial bundle, a request the court accepted.

Further, counsel Dziwani requested the court to add two more witnesses, a prayer which the court also granted. To this end, the Court further gave the counsel 21 days to file witness statements and serve all other parties.

MacJesssie and Chaula did not object to the adjournment. The Court adjourned the case to the week beginning 16th September, 2024.

File photo: (Chaula (L) and MacJessie

16/07/2024

In a move likely to be viewed as patriotism at another level, two former Attorneys General (AGs) honourables Kalekeni Kaphale and Chikosa Silungwe have stepped up and offered to join for free the ‘thin plastics case’ on the side of the State.

The two Senior Counsel, upon formal appointment by the Honourable the AG Thabo Chakaka Nyirenda, would make up part of the State team to forcefully fight a fresh injunction 11 companies obtained to stop Ministry of Natural Resources and Climate Change from implementing a ban on thin plastics.

SC Kaphale, in a telephone interview a while ago, confirmed making the pro-bono offer to join the State team, alongside Dr. Silungwe and University of Malawi’s (UNIMA) Environmental Justice and Sustainability Clinic, which is under the Faculty of Law.

“That is not all. We are also trying to mobilize other interested parties from other universities to join us; and the door is also open to non-governmental organizations that focus on environment.

“We made this decision as citizens of Malawi that care for our environment. We have to live in a better environment and leave an environment that is good for our children and future generations,” Kaphale, who served as AG during the Professor Peter Mutharika’s administration under the Democratic Progressive Party, said.

Dr. Silungwe served as AG under the current administration of Tonse Alliance.

Honourable Nyirenda, the current AG, confirmed receiving the offer from his senior colleagues, saying he has received it with gratitude and it is something his office does not take for granted.

“These are true patriots offering their priceless services for free to save this nation from serious environmental damage the thin plastics may cause. I am excited to have their expertise and to help us rescue Malawi,” he said.

The 11 companies, who are new parties altogether and not the ones led by Golden Plastics Limited that withdrew their case in Blantyre from a full bench of Malawi Supreme Court of Appeal on June 20 2024 when it was set to hear the matter, were on 25th June 2024 granted a permission ex-parte to apply for judicial review.

The 11 companies also asked the High Court of Malawi in Lilongwe to refer the matter to the Chief Justice for certification as a constitutional matter where they want to challenge the constitutionality of the Environment, Management (Plastics) Regulations of 2015 designed to protect the environment.

The Minister of Natural Resources and Climate Change is the 1st Defendant in the matter while the AG is the 2nd Defendant.

The companies that obtained the injunction through Counsel Wapona Kita are City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Ltd, O.G Plastics Industries (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries and Shore Rubber (Lilongwe) Ltd.

This development meant the implementation of the ban on thin plastics by the ministry was put on hold, unless this new injunction is fought and vacated. The AG views this as abuse of court as these 11 companies did not join the initial case which had been in court for years.

The Chief Justice his Lordship Rizine Mzikamanda earlier declined to grant a stay order pending the appeal to stop enforcement of a ban issued by government on thin plastics, and set 20th June 2024 to allow parties appear before the full bench of the Supreme Court for directions.

But on the appointed date, Counsel Frank Mbeta informed the nine-member Supreme Court bench that his client, Golden Plastics Limited, had decided to withdraw the appeal, an application the Court accepted.

But the State’s joy was short-lived when the 11 companies came in and obtained the fresh injunction when government was set to implement the ban.

Background of the case is that on 24 May, 2021, the High Court (Commercial Division) in Lilongwe vacated an injunction prohibiting enforcement of the thin plastics regulations and dismissed the judicial review challenging the legality of the thin plastics regulations by the applicant, Golden Plastics Limited.

Thereafter, Malawi Environment Protection Authority (MEPA) proceeded with inspections, enforcement actions and conducted training workshops for city and district councils on enforcement of plastics regulations.

And around July, 2021, Golden Plastics obtained a stay order at the Malawi Supreme Court of Appeal, preventing the enforcement of the High Court judgement until an appeal of that judgement was heard and concluded at the Supreme Court.

MEPA through the AG Chambers applied to have the stay order vacated. The hearing of the application to vacate the stay order was scheduled on July 15, 2021, but later adjourned several times due to the unavailability of the judge.

Joining the State's legal team: Silungwe (L) and Kaphale

15/07/2024

The High Court of Malawi sitting at Kasungu District has today sentenced four convicts to 40 years imprisonment, with the fifth getting 50 years and life imprisonment for murder of a three-year-old girl with albinism.

The little girl, Talandira Chirwa, was killed in 2022 in Kasungu. The Court, presided over by Justice Bruno Kalemba, acquitted the girl's grandmother, Joyce Nkhoma, when it found there was no evidence linking her to the murder.

The charges ranged from murder, conspiracy to murder, possession of human co**se or tissue and extraction of human tissue.

Of the five convicts, two have been convicted on all four counts and sentenced to 40 years imprisonment with hard labour each on each count.

Another two have been convicted on one count, possession of human co**se and sentenced to 40 years each.

The last convict has been convicted on all four counts and sentenced to 50 years on the counts of conspiracy, possession and extraction and a further life imprisonment jail term on the count of murder.

The convicts are Mosten Mumba, Charles Chipeta, Kennedy Zamara, Jeremiah Nkhoma and Rodgers Sambo.

The State was being represented by Senior State Advocate Festus Sakanda from the Directorate of Public Prosecutions (DPP) in Lilongwe.

Represented the State: Sakanda

15/07/2024

The High Court of Malawi sitting at Kasungu District has today convicted five men who were charged with the murder of Talandira Chirwa, a girl with albinism.

Justice Bruno Kalemba, presiding over the case, found Mosten Mumba, Charles Chipeta, Kennedy Zamara, Jeremiah Nkhoma and Rodgers Sambo guilty on the murder charge and convicted them accordingly.

The five were also facing five other charges of possession of human tissue, conspiracy to harm a person with a disability and extracting human tissue apart from the murder charge.

They have been convicted on all counts. The three-year-old girl was killed in 2022.

The Court is expected to sentence the convicts later this afternoon.

The State is being represented by Senior State Advocate Festus Sakanda from the Directorate of Public Prosecutions (DPP).

12/07/2024

A meeting that brought together Ministry of Justice, Malawi Law Society (MLS) and the Malawi Judiciary to discuss three Bills, including Judicial Service Administration Bill, has mapped a way forward with a mutual understanding in most of the crucial areas among the three stakeholders.

The Tripartite meeting, that lasted for six hours at the Ministry of Justice Headquarters, Capital Hill in Lilongwe last week Friday, 5th July, 2024, was called to review the three Bills namely the draft Judicial Service Administration Bill (2024), draft Constitutional Amendment Bill (2024) and draft Courts (Amendment) Bill, (2024) clause by clause, with the Ministry of Justice giving its justification for the proposed clauses ahead of the presentation of the Bills to Cabinet.

A five-member team from the Ministry comprised Honourable Titus Mvalo, the Minister of Justice, Honourable Thabo Chakaka Nyirenda, the Attorney General, Honourable Allison M’bang’ombe, Soclicitor General and Secretary for Justice, Amani M***a, Director of Legislative Drafting and Isaac Chiundira, Deputy Director of Legislative Drafting.

The Judiciary team had Justices of Appeal Honourables John Katsala and Silvester Kalembera, Judges of the High Court Honourables Kenyatta Nyirenda and Yakuwawa Msiska and His Honour Kondwani Banda, Registrar of the High Court and the Malawi Supreme Court of Appeal.

MLS President Mr Patrick Mpaka led the four-member MLS team, with Mr Tusume Mwaungulu, Vice Chairman MLS, Ms Janet Chiingeni, Member of the MLS-Judicial Service Bill Advisory Team and Mr Chrispin Ngunde, MLS Excetutive Director.

Apart from the Ministry of Justice justifying the clauses in the Judicial Service Administration Bill, the draft Constitution (Amendment) Bill and the draft Courts (Amendment) Bill, the Judiciary and MLS also gave their respective perspective on each issue requiring attention, resulting in either agreement, compromise or disagreement.

The planned enactment of the Judicial Service Administration Bill would have ripple effect on the Malawi Constitution and the Courts Act in some provisions that address issues of the Judiciary; hence the need to align the three Bills by way of amending the Constitution and the Courts Act accordingly.

The efforts to make reforms in the operations of the Judicial Service Commission which oversees operations of the Judiciary was brought about in order to enhance Judicial accountability and independence with a view to promoting transparency and efficiency in the administration and delivery of justice.

It was agreed at the end of the meeting and as a way forward that by 12th July, 2024, the Judiciary would have finally consulted internally and examined its establishment warrant for its High Court Divisions and Registries and advise the Ministry of Justice accordingly to facilitate on proper drafting of some provisions of the Judicial Service Administration Bill particularly with regard to the relationship between the Divisions and Registries of the High Court and the leadership titles thereof.

The Ministry of Justice was expected to proceed and rework on the draft bills incorporating the key aspects and observations made at the meeting. The Ministry will come up with further refined draft bills to be presented before the Cabinet Committee and later to Cabinet for consideration before publication in the Gazette on the way to Parliament if Cabinet approves.

The meeting agreed that the target for tabling the Bills remains the 2024 August Sitting of the National Assembly, and also mutually agreed that their collective contribution to the bills was still work in progress.

Since the reform efforts started, this was the first time to have a tripartite engagement of the Bench, the Bar and the Policy Holder, which is the Ministry of Justice, and it was an amicable and very productive engagement.

The three called upon one another to put their best efforts to enable the Ministry of Justice generate a final product that speaks to the true aspirations of the people of Malawi in so far as the administration of justice is concerned.

Mvalo, led the Ministry of Justice team and Katsala

10/07/2024

In a new twist to the thin plastics saga, eleven plastic companies have obtained an injunction to stop Ministry of Natural Resources and Climate Change from implementing a ban on thin plastics which the ministry was expected to start implementing from last Tuesday.

The 11 companies, who are new parties altogether and not the ones led by Golden Plastics Limited that withdrew their case in Blantyre from a full Malawi Supreme Court of Appeal on June 20 2024 when it was set to hear the matter, were granted a permission ex-parte to apply for judicial review.

The eleven companies also asked the High Court of Malawi in Lilongwe to refer the matter to the Chief Justice for certification as a constitutional matter where they want to challenge the constitutionality of the Environment, Management (Plastics) Regulations of 2015 designed to protect the environment.

The Minister of Natural Resources and Climate Change is the 1st Defendant in the matter while the Attorney General (AG), who was served with the order yesterday, is the 2nd Defendant.

The companies that obtained the injunction through Counsel Wapona Kita are City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Ltd, O.G Plastics Industries (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries and Shore Rubber (Lilongwe) Ltd.

This development means the implementation of the ban on thin plastics by the ministry is put on hold, unless this new injunction is fought and vacated.

But the AG, Hon. Thabo Chakaka Nyirenda, has regretted the development in an interview, describing this as an abuse of the court process and a tactic by the plastic companies to delay implementation of the ban by the Ministry of Natural Resources and Climate Change on thin plastics.

“The Malawi Supreme Court of Appeal, you can recall, dismissed with costs a 'thin plastics' case where companies in the plastic making business were pursuing an appeal. The dismissal followed a notice of withdrawal filed by lawyers for the appellants, led by Counsel Frank Mbeta, representing Golden Plastics Limited.

“In the new matter, all the 11 companies that have obtained this fresh injunction are new; they were not parties to the withdrawn case. If these companies indeed have sufficient interest in the case, what made them not to join that initial case that has been in courts, the High Court and the Supreme Court, for years? This is clear abuse of court process,” the AG said.

He said his office will challenge the injunction to have it vacated. He said for a matter that ended up before the full bench of the Malawi Supreme Court for hearing where the appellants voluntarily withdrew it, he expected at least inter-partes application which the ministry and his office could have been heard before the granting of the fresh injunction.

The Chief Justice his Lordship Rizine Mzikamanda earlier declined to grant a stay order pending the appeal to stop enforcement of a ban issued by government on thin plastics, and set 20th June 2024 to allow parties appear before the full bench of the Supreme Court for directions.

But on the appointed date, Counsel Mbeta informed the nine-member Supreme Court bench that his client, Golden Plastics Limited, had decided to withdraw the appeal.

The Court, through one of the judges on the panel, Hon. Dorothy nyaKaunda Kamanga, accepted the request to withdraw the matter but condemned the appellants to pay costs of the case.

The Chief Justice then expressed disappointment that the case had wasted the Court's time and the manner the appellants handled their appeal.

The AG, who was being assisted by lawyers Francis MacJessie and John Chaula from his Chambers in this Civil Appeal Cause No. 29 of 2021, had a relief and they proceeded to inform the ministry responsible of the case's outcome and that they were at that time at liberty to implement the ban on the thin plastics.

The case’s background

Background of the case is that on 24 May, 2021, the High Court (Commercial Division) in Lilongwe vacated an injunction prohibiting enforcement of the thin plastics regulations and dismissed the judicial review challenging the legality of the thin plastics regulations by the applicant, Golden Plastics Limited.

Thereafter, Malawi Environment Protection Authority (MEPA) proceeded with inspections, enforcement actions and conducted training workshops for city and district councils on enforcement of plastics regulations.

And around July, 2021, Golden Plastics obtained a stay order at the Malawi Supreme Court of Appeal, preventing the enforcement of the High Court judgement until an appeal of that judgement was heard and concluded at the Supreme Court.

MEPA through the AG Chambers applied to have the stay order vacated. The hearing of the application to vacate the stay order was scheduled on July 15, 2021, but later adjourned several times due to the unavailability of the judge.

File photo: the AG (L) and MacJessie

09/07/2024

The Supreme Law of Malawi; Know Your Constitution

CHAPTER IV

HUMAN RIGHTS

SECTION 37
Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.

05/07/2024

YOUR FRIDAY’S SERVANT
FOR JUSTICE

Lali Ali Bonomali
Senior State Advocate

5th July, 2024

Lali Ali Bonomali is a Senior State Advocate in the Attorney General’s Chambers at Ministry of Justice headquarters, Capital Hill, in Lilongwe.

A graduate of The State University of Zanzibar where he earned a Bachelor’s Degree of Law LLB (Hons) in 2015, Bonomali joined a Blantyre-based law firm the same year, YD Attorneys. But he got admitted to the Bar in 2020 and later in 2021 joined the Ministry of Justice.

His role at the Ministry revolves around representing government ministries, departments and agencies on various claims, but also making claims through prosecution in court where government is offended or has claims if feels are legitimate.

“It is also my role to offer legal advice to government on request on various legal issues. It is also my responsibility, as a Senior State Advocate, to help in the implementation of the fundamental principles of the Constitution and other relevant statutes,” he says.

Bonomali says in his career, he has faced both challenging and exciting moments. Having appeared before the Malawi Supreme Court of Appeal, he singled out as exciting moment appearing before Justice of Appeal his Lordship Charles Mkandawire in 2022, and not only appearing, but winning the appeal case he went for.

“It was also a remarkable moment because Justice of Appeal his Lordship Mkandawire told me I was the first lawyer to appear before him after his promotion to the Supreme Court of Appeal bench from the High Court,” Bonomali says.

Bonomali, married and with three boys, loves watching and playing soccer during his free time.

03/07/2024

Malawi's Minister of Justice Hon. Titus Mvalo makes a speech at the 12th Petersburg International Legal Forum in Russia held at St. Petersburg from June 26 to 28 2024.

The ministers of Justice and other participants discussed variety of multi-formal events on some pressing law issues and negotiations for Bilateral Agreements.

The ministers of Justice on the sidelines of the forum also shared achievements and set tasks in human rights protection and the rule of law.

28/06/2024

A three-member judge panel of the High Court's Constitutional Court in Blantyre has dismissed the case of two applicants who wanted the Court to legalise same-sex relationships.

The Court has declined to strike off from Penal Code provisions that criminalise same-sex relationships, pitting the applicants backed by some local and international human rights activists and bodies who wanted to have the provisions declared unconstitutional.

State lawyers celebrated the outcome while those who wanted the provisions declared unconstitutional did not hide their disappointment.

The judgement, read for over six hours, was delivered by justices Joseph Chigona, Chimbigzani Kacheche and Vikochi Chima, who started reading the landmark and nail-biting judgement at 9:05 am.

Senior State Advocate Lali Ali Bonomali, who represented the Hon. the Attorney General (AG) Thabo Chakaka Nyirenda, said this is the judgement they were waiting for and applauded the Court for a job well done.

The two applicants, Jan Willem Akster, from the Netherlands, and Jana Gonani, who were answering criminal charges in magistrate courts of sleeping with fellow men, brought the matter to the Constitutional Court for interpretation of the provisions in the Penal Code, urging the Court to declare them unconstitutional.

One of the legal provisions the applicants wanted the Court to declare unconstitutional was section153 of the Penal Code which reads: "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 14 year."

The court has ordered their criminal matter in the lower court to continue. Gonani was serving an eight-year prison term for offending the Penal Code by engaging in indecency acts, meaning the jail term would continue.

Akster is also accused of sleeping with men and boys forcebly, and his criminal matter halted temporarily, awaiting the outcome of this constitutional matter.

Bonomali

28/06/2024

The High Court's Constitutional Court in Blantyre which is delivering a judgement in a case where two applicants are challenging Malawi’s laws criminalizing same-sex relationships has adjourned for three minutes to refresh.

Justice Vikochi Chima started reading the nail-biting judgement at 9:05 am.

Chairman of the panel, Justice Joseph Chigona, announced at the beginning that Chima would start and her colleagues would take it up along the way.

The two applicants, Jan Willem Akster, from the Netherlands, and Jana Gonani, who were answering criminal charges in magistrate courts of sleeping with fellow men, brought the matter to the Constitutional Court for interpretation of the provisions in the Penal Code, urging the Court to declare them unconstitutional.

Akster arriving at the Court earlier today

28/06/2024

A three-member judge panel of the High Court's Constitutional Court in Blantyre is delivering a judgement in a case where two applicants are challenging Malawi’s laws criminalizing same-sex relationships.

Justice Vikochi Chima started reading the nail-biting judgement at 9:05 am.

Chairman of the panel, Justice Joseph Chigona, announced at the beginning that Chima would start and her colleagues would take it up along the way.

The courtroom is fully packed, with some notable human rights activists such as Gift Tr**ence and Michael Kaiyatsa and some religious leaders in attendance.

Senior State Advocate Lali Ali Bonomali is representing the Hon. the Attorney General (AG) Thabo Chakaka Nyirenda, who urged the Court earlier during the hearing to dismiss the case with costs.

The two applicants, Jan Willem Akster, from the Netherlands, and Jana Gonani, who were answering criminal charges in magistrate courts of sleeping with fellow men, brought the matter to the Constitutional Court for interpretation of the provisions in the Penal Code, urging the Court to declare them unconstitutional.

Should the Court rule in favour of the applicants, it would mean legalisation of consesual same-sex relationships.

One of the legal provisions the applicants want the Court to declare unconstitutional are section153 of the Penal Code which reads: "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 14 year."

Bonomali: Representing AG