Malawi gay couple choose silence in court, decision expected May 18

Source: The Daily Times
By Theresa Chapulapula

The suspected gay couple of Tiwonge Chimbalanga and Steven Monjeza Tuesday invoked their right to remain silent in a case in which they are answering charges of buggery and gross indecency.

The two told Blantyre Chief Resident Magistrate Nyakwawa Usiwausiwa that they have chosen to remain silent and will just file their defense. The magistrate has reserved the ruling on the matter to May 18.

The two, Tiwonge Chimbalanga and Steven Monjeza, were Tuesday expected to start defending themselves after the court ruled that they have a case to answer on all counts on March 21.

The two were arrested on December 28 last year just a few days after holding a public engagement at a lodge along Chileka Road in Blantyre.

During yesterday’s court session the state through Dickens Mwambazi indicated that the state was ready for court proceedings. But a lawyer representing the suspected gay couple Noel Supedi sitting in for Mauya Msuku told the court that the couple decided to remain silent.

“The defense will not parade any witness. They have decided to remain silent,’’ Supedi stated. He however asked for two weeks to file submissions on the matter.

Another State Prosecutor Fostino Maele told the court that they needed two weeks after being served with the submissions from defense to file theirs. Usiwausiwa allowed both parties to file their submission within the stated period.

“Make sure that the submissions have been filed in the stated period. If you don’t file the court will proceed to deliver its verdict on May 18,” the magistrate concluded.

As usual a crowd of people gathered at the court to see the couple and some were peeping through the window as proceedings were underway. It took the Police Mobile Force Officers who were providing security at the court to chase the crowd. Chimbalanga popularly known as Aunt Tiwo continued amazing people as he continued displaying his effeminate flirting characteristics.

International observers also attended the court hearing that took less than 15 minutes.

Imprisoned For Love in Malawi

Homosexuality is little tolerated or accepted in much of Africa. South Africa legalized gay marriage in 2006, but incidence of hate crimes towards gay and lesbian persons are not uncommon. Uganda is currently contemplating a new law allowing the death penalty for those convicted of being gay. This criminalization of homosexuality occurs in many African countries, and Malawi is no exception. So when two men pledged their love and commitment to each other last month, they were promptly arrested.

On December 26th, Steven Monjeza and Tiwonge Chimbalanga held a traditional engagement ceremony in Blantyre’s poor township of Chirimba. Two days later, the men were arrested after the story was reported in local newspapers. The charges were “unnatural practices between males and gross public indecency.” They were reportedly beaten by police while in custody.

On January 4th the men appeared in court and were denied bail “for their own safety” and “in the interest of justice.” They are currently being held at Chichiri prison until their next scheduled court appearance on January 11th. Further, Malawian authorities have attempted to compel the men to submit to forcible medical examinations, falsely believing this will prove past sexual relations, in order to charge the men with sodomy.

Laws criminalizing homosexuality violate international human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Malawi has ratified both these documents and has an obligation to abide by their precepts. Amnesty International considers individuals imprisoned solely for their private consensual sexual relationships as prisoners of conscience and calls for their immediate and unconditional release.

Expressions of love and commitment between consenting adults can never be unnatural nor violative of public decency. Tell Malawi to release these men immediately and that love is not a crime. (a repost from http://blog.amnesty.org)