Malawi’s Constitutional Court dismissed a case seeking to legalize same-sex relationships, a ruling welcomed by state lawyers but met with disappointment by the applicants’ attorneys. The case was brought by Jan Willem Akster, a Dutch national, and Jana Gonani, a Malawian transgender man, who argued that Malawi’s anti-homosexuality laws violated their fundamental rights. The court, however, found their arguments unconvincing, noting a lack of evidence of discrimination and rights violations.
Akster, facing charges of sexual abuse and sodomy, failed to prove that Malawi’s laws infringed on his right to health, with the court noting he received satisfactory medical care without discrimination. Gonani’s claim of privacy violation was also dismissed, as the court upheld the legality of the police search under existing laws.
The judgment, delivered after over six hours, was met with mixed reactions from various groups, including minority rights activists and religious leaders. While rights activist Michael Kaiyatsa expressed dissatisfaction, defense attorney Bob Chimkango reserved further comments pending a detailed review of the lengthy judgment. The government expressed satisfaction with the ruling.
Homosexuality remains illegal in Malawi, with offenders facing up to 14 years in prison. The court suggested that those dissatisfied with the judgment could petition parliament to amend the laws.
