Culture

Malawi court dismisses suit seeking to legalise same-sex marriage

Published

6 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.”

Click to comment

Culture

Ghana’s Supreme Court dismisses suit challenging anti-LGBT bill

Published

3 days ago

December 19, 2024

Isaac Dachen

Ghana’s Supreme Court has dismissed two separate suits challenging the legality of one of the proposed anti-LGBT legislations awaiting assent into law by the president.

The separate suits were filed by two legal practitioners, Amanda Odoi and Richard Sky, challenging the bill, seeking to declare it illegal and prevent the president from signing it.

The two cases had challenged the constitutionality of the Human Sexual Rights and Family Values Bill.

But in a ruling on Wednesday, the Supreme Court unanimously decided to dismiss the legal challenges to the new anti-LGBT legislation that has been criticised by rights groups.

The controversial bill was passed earlier this year by Ghanaian lawmakers with three years imprisonment for people identifying as LGBT and five years for forming or funding LGBT groups.

While dismissing the cases, presiding judge, Justice Avril Lovelace-Johnson, who delivered the ruling on behalf of the seven-member panel, said the cases were premature.

“Until there’s presidential assent, there is no act, the two cases were “unanimously dismissed,” she said.

The ruling is the latest blow to the LGBTQ community in Ghana and paves the way for the president to sign into law what many say is one of Africa’s most restrictive piece of anti-LGBTQ legislation.

President Nana Akufo-Addo, whose term in office ends on 7 January, had delayed signing it pending the outcome of the Supreme Court challenge but the judges said the case could not be reviewed until it had been signed it into law.

It expected that incoming president, John Mahama, will sign the bill into law as he had always expressed his support for the bill during his electioneering campaigns.

Culture

UNESCO lists Ghana’s Kente cloth as cultural heritage

Published

4 days ago

December 18, 2024

Isaac Dachen

The iconic Ghanaian Kente, a piece of clothing, has been recognized as a cultural heritage on UNESCO’s Representative List of Intangible Cultural Heritage of Humanity.

The global recognition, according to the UN body, is coming under the 2003 Convention for Safeguarding Intangible Cultural Heritage highlights the cultural and historical significance of the vibrant, handwoven textile.

In a citation on its website, UNESCO describes the Kente cloth as “originating from Ghana’s Asante and Ewe communities and renowned worldwide for its bold colors, intricate patterns, and deep symbolic meanings, embodying the creativity and identity of the Ghanaian people.”

Ghana’s Tourism Minister, Andrew Egyapa Mercer, described the recognition as a testament to Ghana’s commitment to preserving its cultural heritage.

“This achievement places Ghana at the forefront of global efforts to safeguard and celebrate cultural traditions,” he noted.

In a statement acknowledging the recognition, Mercer said the “Ministry of Tourism, Arts and Culture (MoTAC) expressed gratitude to President Nana Addo Dankwa Akufo-Addo, UNESCO, and the artisans, cultural institutions, and traditional authorities who contributed to this milestone.”

“Special acknowledgement is given to the Bonwire and Agotime communities for their enduring role as custodians of the craft.

“As Ghana celebrates this historic moment, MoTAC reaffirms its dedication to promoting and preserving the nation’s rich cultural legacy.”