n Malawi Law Journal - Homosexuality and privacy : Rep v Soko & Another under the magnifying glass
|Article Title||Homosexuality and privacy : Rep v Soko & Another under the magnifying glass|
|© Publisher:||University of Cape Town|
|Journal||Malawi Law Journal|
|Affiliations||1 High Court of South Africa and 2 University of South Africa|
|Publication Date||Jan 2011|
|Pages||55 - 74|
A Malawian couple, Steven Monjeza Soko and Tiwonge Chimbalanga Kachepa, decided to celebrate their engagement publicly. Within two days of the celebration, the couple was charged with 'unnatural acts' and 'gross indecency', and later subjected to humiliating investigatory tactics, denied bail, convicted and sentenced to 15 years of imprisonment. Malawi's public humiliation of the gay couple, the criminal trial and its conduct constitute a violation of its Constitution and international law. In particular, the Penal Code of Malawi, which purports to criminalise sodomy, violates the right to privacy of gay people, contrary to the Malawian Constitution itself and the International Covenant on Civil and Political Rights, which Malawi has signed and ratified.
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