As debate continues on whether the country should legalize same sex marriages or not, the High Court in Mzuzu has dismissed government’s moratorium on gays.
The Mzuzu High Court Judge Dingiswayo Madise has also issued an injunction seeking judicial review on the matter.
The injunction was obtained by Young Pastors Coalition of Malawi through its lawyer George Kadzipatike.
In the application, Kazipatike urged that stopping the police from arresting people practicing homosexuality in the country by the ruling Democratic Progressive Party (DPP) is unconstitutional, saying the review did not involve the Malawi Parliament.
After weighing the arguments, Madise ruled in favour to the pastors and urged the police to start arresting homosexuals.
The injunction stops all decisions made by Minister of Justice and Constitutional Affairs that protected gays and demands the Director of Public Prosecutions to prosecute those found indulging in gay activities and further asks the police to arrest such people.
“That an order of injunction be and hereby granted restraining the 2nd and 3rd respondents [DPP, Malawi Police] their agents, servants or whosoever from continuing to cease arresting and prosecuting suspects of homosexual offences or offences relating to carnal knowledge against the order of nature as prohibited by section 153 of the Penal Code, Chapter 7:01 of the Laws of Malawi,” reads the injunction dated February 9 2016.
Speaking after successfully obtaining an injunction on the matter, Reverend Patrick Banda of Young Pastors Coalition of Malawi urged President Professor Arthur Peter Mutharika to come on the open to declare his stand on the matter.
Meanwhile government is yet to comment on the matter.
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