Thandizani Newspaper Yanu
Could Malawi suffer a relapse?
THERE is a long list of things, good and bad, that have happened since Malawi embraced democracy in a referendum in 1994. Some incidents would probably earn Malawi a place on the watch list. The issue that is being hotly debated today in Malawi is that of homosexuality. There hasn't been a scientific poll to measure where the public really stands on this, but if one were to go by what is reported, one could conclude that there aren't deep divisions over the issue in the country with many supporting a continued ban on the practice. The law as it stands today is seen by gays, human rights organizations and some individuals as ongoing oppression of homosexuals. If convicted of practicing homosexuality, the guilty party could be imprisoned for up to 14 years. The case of the first openly gay couple in socially conservative Malawi is in the courts and various reasons have stalled the start of the actual trial. Meanwhile, the gay couple have asked the Chief Justice to summon the Constitutional Court to hear their case, saying the penal code under which they are charged breaches the Constitution adopted in 1995, which guarantees the rights of all people, including homosexuals. The Chief justice is yet to decide whether to send the case to the Constitutional court or not. The Chief justice has apparently offended two other men who have sued him for not referring their case to the Constitutional Court for interpretation. The men, accused of insulting the President, have taken the Chief Justice to the High Court. The two men say Section 4 of the Protected Flag, Names and Emblems Act under which they are charged contravenes sections 33, 34, 35 of the Constitution. Says Kalekeni Kaphale, attorney for the two, "The Chief justice is not, by the Courts Act or by rules, mandated to decide the very issue which the Constitutional Court is to deal with." The matter comes before the High Court March 1, 2010. The Maravi Post carried a story Saturday about he arrest of a writer who has been charged with sedition. The man is said to have written that the quota system used to admit students to public colleges "reflects lack of distributive justice and is evil." The High Court ruled a couple of weeks ago that the University of Malawi if free to use the system. The issue of the quota system, like homosexuality, has stirred up strong emotions among the people. Going back to the era of despondency, Malawi's former president Kamuzu Banda, a despot, used sedition to keep in check those who disagreed with his way of doing things, others were charged with treason. Late last year, the charge of sedition was brought against Harry Mkandawire, shown the door by the ruling Democratic Progressive Party after attacking the president over his policies and one of those policies being the quota system. The police however seemed unsure of what to do with Mkandawire as they went back and forth between sedition and treason. The latter is a capital offense although since Malawi started experimenting with democracy the death sentence was suspended. Under Banda, his opponents , like Malawi's first top lawyer instrumental in drafting the country's first constitution Orton Chirwa and his wife Vera, also a lawyer, were charged with treason and sentenced to death. Orton died under dubious circumstances in captivity while his wife, Vera, was later released after many appeals from the international community to spare their lives. Banda's successor Bakili Muluzi, faces treason charges for allegedly wanting to overthrow his successor Bingu wa Mutharika.--maravipost
Fifteen years after Malawians rejected authoritarianism and chose freedom, observers point out that the country runs the risk of morphing into something people would probably have a problem identifying with, writes Patrick Mwanza.
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