Scores of religious groups and churches took to the streets of several cities in Malawi on Thursday to denounce same-sex marriage before a constitutional court hearing next week.
The court is expected to sit for two days from 17 July to consider a case brought by Jana Gonani, a transgender woman who was charged with “unnatural” behaviour.
Gonani was convicted in December 2021 by the Mangochi senior magistrate court of an offence contrary to section 153 (c) of the Penal Code. She has appealed to the special court to declare the legislation unconstitutional, arguing that the laws violate citizens’ rights to privacy and dignity. The case is being interpreted by the protesters as a step towards legitimising LGBTQ+ relationships.
The general secretary for Malawi Council of Churches (MCC), the Rev Alemekezeke Chikondi Phiri, who helped organise Thursday’s marches in the cities of Lilongwe, Blantyre, Mzuzu and Zomba said the Christian churches are not against individuals but that the practice of homosexuality is a sin.
“Just as the church cares for all sinners, and wants them to repent, it will also do the same with gay men and lesbians. Any attempt to legitimise sinful acts will meet resistance from the faith community,” Phiri said.
“If there is an attempt to legitimise prostitution, witchcraft, bestiality and corruption among others, we will always speak out. It does not mean we are inciting violence against the individuals involved in these sinful acts because to go on the streets is our constitutional right as Malawians,” he added.
Phiri said the council was taking action to protect the sanctity of marriage.
“Section 22 of the constitution of Malawi is very clear that it is the duty of state and society to protect marriage and the same section talks about man and woman,” he said.
Speaking for the Malawi Network of Religious Leaders Living with or Personally Affected by HIV and Aids (Manerela+), Allie Mwachande said the march served only to incite serious discrimination and violence against LGBTQ+ people across Malawi.
Mwachande said LGBTQ+ people are already facing challenges, including limited access to health services. “What the church has done is total discrimination and inhuman because it does not respect the rights of the minority in Malawi. I believe as a church they are supposed to be in the forefront of promoting respect for human rights.
“By taking to the streets, it is likely to incite violence against the minority group. In fact, their march is contrary to what is in the court, and I wonder if they really understand what they are doing because the case is not about legalising homosexuality,” said Mwachande.
The Nyasa Rainbow Alliance co-founder and executive director, Eric Sambisa, said that as well as violence, the LGBTQ+ community in Malawi is facing challenges to access justice. He also had concerns that the marchers would aggravate the situation facing an already disadvantaged community.
The lawyer representing Jana Gonani, Bob Chimkango, said the march did not affect proceedings and Gonani is looking forward to her day in court.
“We have been prepared from day one, and we are geared to proceed on the appointed day because we have been looking forward to this hearing for so long. The marching by the faith community will not in any way influence the courts – the courts are independent and impartial.
“The faith community missed a point. You may notice that they are actually trying to ‘warn’ the National Assembly when there is no such bill in parliament and they keep referring to same-sex marriage when no one has petitioned the court in relation to marriages,” said Chimkango.
He hopes that after delivering their petition the marchers will not gather outside the court next week but will let peace and justice prevail.
Khumbo Soko, a Lilongwe lawyer representing the Centre for the Development of People (Cedep), the Centre for Human Rights and Rehabilitation and Manerela+, said the case is about consenting adults and is optimistic it will be decided on the basis of facts and law.
