Same-sex marriage case: Gay suspect Wim Akster dares Malawi laws on “his unconstitutional arrest”

BLANTYRE-(MaraviPost)-The High Court sitting as Constitutional Court in Blantyre on Tuesday, July 18, 2023 afternoon completed hearing of the same-sex law case and has adjourned the case to August 28 and 29 2023 for hearing of submissions.

Joseph Chigona, a lead judge of a three-member panel, directed that written submissions by parties be filed with the court by close of business on August 4 2023, ahead of oral presentations of the submissions on August 28 and 29.

Claimants in the case, Jan Willem Akstar from The Netherlands and Jana Gonani from Mangochi, want the court to declare some provisions in the Penal Code that criminalise same-sex unions unconstitutional.

The State, supported by faith groups who joined the case as friends of the court, has been objecting to the claimants’ demands.

Before the adjournment of the case, the Attorney General (AG) Thabo Chakaka Nyirenda re-examined a State witness, lawyer Samson Chisanga, who is a State prosecutor at State Advocate Chambers in Blantyre.

This followed a cross-examination by Akstar’s lawyer, Bob Chimkango.

But earlier on Tuesday Jan Wim Akster told the court he has taken his case for constitutional referral for the judiciary to make a determination on the country’s position on same sex relationships.

Akster was arrested in 2021 on allegations that he was having sex with men and boys some of whom worked for him whilst other sort scholarly bursaries from him whilst he worked for Timotheos Foundation.

He said he was surprised that he was arrested on these allegations when late President Bingu wa Mutharika had released a gay couple from prison.

Akster also wondered why he would be arrested when former President Joyce Banda also issued an order against arrests of persons of such sex orientation.

Responding to re-examination; he said currently, Malawi government had made a commitment that Malawi wasn’t prosecuting anyone for any same sex orientation through the UN human rights council

However as it stands, the Penal Code criminalises acts of carnal knowledge against the order of nature (man sleeping with a fellow man or woman sleeping with a fellow woman), and if convicted, one faces a maximum sentence of up to 14 years in jail.