- Title: MALAWI: Lawyers for gay Malawi couple seek change to law
- Date: 12th January 2010
- Summary: MONJEZA AND CHIMBALANGA BEING HANDCUFFED AND READIED TO LEAVE COURT
- Embargoed: 27th January 2010 12:00
- Keywords:
- Topics: Legal System,Domestic Politics
- Reuters ID: LVAVFWB2JJG7N7FCCBBHDSHODBB
- Story Text: The hearing of two men arrested after becoming Malawi's first gay couple began on Monday (January 11) in the commercial capital Blantyre.
Lawyers for the two men filed court papers requesting a review of the law banning homosexuality.
Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, married in a symbolic traditional ceremony on December 26 but were arrested a day later and charged with gross public indecency.
Anyone convicted of violating the ban on homosexuality could face a prison sentence of up to 14 years.
The couple's defence team argued in court on Monday that their arrest on the basis of their perceived sexual orientation "amounts to discrimination, a violation of their rights to freedom of expression, conscience and expression as enshrined in our republican constitution".
Chief resident magistrate Nyakwawa Usiwausiwa, presiding over a case that has generated widespread public debate in the country, agreed with the plea for a constitutional review but ruled the case could be moved to the constitutional court only with the consent of the chief justice.
The couple's arrest and the subsequent medical tests they have undergone have angered some rights groups in the country who have called for a referendum on legalising homosexuality.
The two are being held in prison after the judge last week refused them bail for their own protection.
One of the state's seven witnesses said she had employed Tiwonge as a maid and felt deceived once she learnt from the newspapers he was male.
An anti-gay activist, Shamim Noor, said, "This is is strange, we are all surprised to see this. They need not be given bail. As a Malawian I condemn this."
Government prosecutors had previously asked the court to detain the couple for a longer period to allow for more investigations. Police also said the two men had been taken for medical tests to prove whether they had intercourse.
The trial will continue for the next five days. - Copyright Holder: REUTERS
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