Culture

Malawi court dismisses suit seeking to legalise same-sex marriage

Published

5 months ago

June 29, 2024

Malawi’s apex court, the Constitutional Court, has dismissed a case filed by two applicants who wanted it to legalize same-sex marriages in the country.

The applicants, Jan Willem Akster from the Netherlands and a Malawian transgender man, Jana Gonani, had brought their case to the Constitutional Court for interpretation of Malawi’s anti-homosexuality laws following their arrest in 2021.

While Akster is currently facing nine charges of sexual abuse and sodomy, Gonani is charged with unnatural offenses.

In filing the application, the duo opined that Malawi’s laws violate their fundamental rights, including a right to privacy and dignity.

However in delivering judgement on the application on Friday, Judges Joseph Chigona, Vikochi Chima and Chimbizgani Kacheche rejected their arguments.

The lead judge, Chigona said the applicants failed to bring evidence of how the provisions in the country’s laws discriminated against homosexuals.

Chigona also said Akster failed to prove that Malawi’s laws violated his right to health.

“The first applicant was asked in a cross examination if he had ever accessed a public hospital and replied that he had gone to Zomba Central Hospital after he had been involved in a car accident,” Chigona said.

“When he was asked about his experience there, especially if he was asked about his sexual orientation before he was assisted, he said he was not.

“He actually said that he was medically assisted so well. The only complaint he had about the facility were spiders in the ward.”

Chigona said the court had also dismissed claims that Malawi police violated Gonani’s right to privacy when they ordered him to undress, to confirm his claims that he was transgender.

“We know that by Section 24 of Criminal Procedure and Evidence Code that police are empowered to search a suspect who is reasonably suspected of having committed a particular offense and who has been arrested,” the judge said.

“The caveat is that the search only extends as it is reasonably required for discovering a thing upon this person in connection to the offenses he was suspected of.”

After delivering the judgement, Chigona said the applicants were free to ask parliament to amend the country’s homosexuality laws if they were not satisfied with its judgment.

The judgment means homosexuality remains an offense in Malawi, punishable by a maximum prison sentence of 14 years.

Defense attorney Bob Chimkango who expressed his disappointment the the ruling, said:

“To be honest, we are satisfied with the process, but the only thing that we may not be agreeing with is the judgment itself.

“But it’s too early to comment as you will notice it’s a 135-page document. We were just listening — we were not working on it. So we will be waiting for it to be given to us, analyze it and then advise the client accordingly.”

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Culture

DRC authorities arrest six over break-in at Lumumba’s Mausoleum

Published

12 hours ago

November 21, 2024

Isaac Dachen

Police in the Democratic Republic of Congo (DRC) say six people have been arrested over a break-in and vandalism at the mausoleum of the country’s assassinated independence leader, Patrice Lumumba, in Kinshasa, the country’s capital.

The police had announced the six arrests late Wednesday and said they were still looking for two more suspects.

Interior Minister, Jacquemin Shabani, said in a statement that during the break-in which occurred on Monday, a case containing a single gold-capped tooth, the only part of the former leader that remained after his assassination, was broken by the vandals.

“We assure that the relic is secure and it is protected,” the minister said, without offering more information.

The return of Lumumba’s tooth from former colonizer Belgium in 2022 had been celebrated around Congo, with the tooth taken around the vast country so people could pay their respects.

Lumumba is widely hailed as the nationalist activist who helped end colonial rule in the DRC and went on to become the country’s first prime minister and was seen as one of Africa’s most promising new leaders, but he was assassinated within a year in 1961.

His body was dismembered and dissolved with acid in an apparent effort to keep any grave from becoming a pilgrimage site.

For many in Congo, Lumumba is a symbol of the positive developments the country could have achieved after its independence but instead, it became mired in decades of dictatorship that drained its vast mineral riches.

A military coup toppled Lumumba, who was arrested, jailed and later killed. His assassination, blamed on separatists, cleared the way for the rise of Mobutu Sese Seko, who ruled the country he later renamed Zaire for decades with support from Western powers until his death in 1997.

His one remaining tooth was kept by the Belgian police commissioner who oversaw the destruction of his body.

The tooth was returned to Congo after the visit of Belgium’s King Philippe, who expressed regrets for his nation’s abuses in Congo when it was a Belgian colony.

Culture

Miss SA opens up on why she withdrew from Miss Universe pageant

Published

1 day ago

November 20, 2024

Isaac Dachen

Reigning Miss South Africa 2024, Mia le Roux, has opened up on the reasons behind her withdrawal from the Miss Universe pageant which was held in Mexico, where Nigeria’s Chidinma Adetshina was the first runner-up.

While narrating her experience in a video she shared on social media on Wednesday, le Roux said her body was taking so much physical strain.

“Hello everyone, I’m back in South Africa and wanted to reach out to you all. Thank you so much for all of your kind wishes, your support and prayers,” she said in the video.

“I wanted to be transparent with you and share my story. A lot of you would’ve seen the video that I made about vertigo, while I was in Mexico at Miss Universe.

“Vertigo is a condition where it feels like you are dizzy and there’s a sense of the world spinning around you. It’s very intense and can cause major issues with your imbalance.

“Mentally I was very strong, I was ready, but physically, my body was taking strain. I had to even seek medical help in Mexico City. And even after the medical help, my condition still wasn’t improving.”

She added that during the preliminary rounds of Miss Universe, she had continued to push herself but her vertigo intensified and it became unmanageable.

She stated that while she was waiting backstage, she fell repeatedly and couldn’t stand up without support and was not in a position to safely walk on stage.

“It was not easy. As I was not doing it just for myself but for all of you in South Africa,” she said.

“I will continue to serve as your Miss South Africa, to support and uplift those who come after me. With my unbreakable spirit and an exciting year ahead, I will keep fighting for myself and for everyone with dreams and passions. I am so proud to still be your Miss South Africa,” she added.