A Magistrate court in Blantyre has discontinued the case against People’s Party (PP) Publicity and Administrative Secretary Ken Msonda connected to the anti-homosexuality sentiments he made earlier this month.
Blantyre Senior Resident Magistrate Peter Kandulu has dropped the case in which Msonda was being accused of inciting people to ‘kill homosexuals’.
Both Msonda and Judiciary Spokesperson Mlenga Mvula confirmed the development on Thursday.
Two human rights non-governmental bodies advocating for minority rights in Malawi, Centre for the Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) sued Msonda accusing him of citing violence against homosexuals contrary to section 124 of the country’s Penal Code.
The Section states that “any person who, whether in writing or by words or by his behaviour or otherwise— (a) solicits or incites any other person to fail to comply with or to contravene any law in force in Malawi or in any part thereof; or (b) indicates or implies to any person that it would be incumbent or desirable to fail to comply with or to contravene any such law, shall be liable to imprisonment for five years”
Judicial spokesperson Mlenga Mvula told MBC that the State through the Director of Public Prosecution (DPP) Mary Kachale applied to court for the discontinuance of the case in pursuant to Section 77 (2) of the Criminal Procedure and Evidence Code.
He however did not give reasons behind the dropping of the case which attracted a lot of attention.
The development left the presiding Magistrate Peter Kandulu with no option but to drop the case against Msonda, removing him from the hook.
The withdrawal of the case comes after several religious leaders supported Msonda and urged him not to withdraw his remarks. The case was due in court on Friday 22 January 2015.
The development also comes barely hours after a group called Rainbow Generation (Blantyre Chapter) aimed at mobilizing support for the gays in the country was launched.
Meanwhile it is yet to be seen if Cedep and CHRR will take the issue further.
Msonda is an elder of the Church for Central African Presbyterian in Blantyre and indicated that he does not regret making the remarks.
The Government of Malawi, apparently under pressure from the international community, suspended anti-gay laws.
The withdraw of the case also came at a time US popular gay activist and special State envoy on minority sexual rights Randy Berry was visiting Malawi.
However government has put its foot down that Malawians will decide after a thorough debate.
Asambizi Asakala 