MZUZU (Daniel Mudika, Malawi NewsNow) -Malawi government has challenged an injunction obtained by Young Pastors Coalition of Malawi (YPCM) that Mzuzu High Court judge Dingiswayo Madise granted and threw out the moratorium by government stopping arrests and prosecution of alleged homosexuals.
The Pastors Coalition through lawyer Jivason Kadzipatike were granted leave for judicial review.
The pastors’ grouping also asked government to re-arrest alleged homosexuals who were recently freed following the court dismissing the moratorium.
They said homosexuals’ rights should not be given room in Malawi; hence, the need to re-arrest of Cuthbert Kulemeka and Kelvin Gomani who are suspected to be homosexuals. Government dropped the charges after pressure from donors and some civil society organisations (CSOs).
But Attorney General Kelekeni Kaphale has challenged the injunction and filed his affidavit dated February 18, 2016 saying the Pastors Coalition has “no sufficient interest” in the matter as they have any of their rights directly affected.
“In the circumstances, it is my sincere belief that all the applicants before the court do not have the sufficient interest in the matter, and I therefore pray that the grant for leave for judicial review for them be discharged forthwith,” said Attorney General in his statement lodged with the court.
YPCM national director Patrick Banda said the religious leaders will ask their lawyer Kadzipatike to fight the case.
The pastors have since called on Malawians to fight against promotion of gay rights and have vowed to fight against homosexuality.
Centre for Development of People (Cedep) executive director Gift Trapence condemned the pastors’ stand, saying Malawi is a secular State where religious beliefs and culture should not be used as basis for oppressing others.
Trapence said religious leaders should not infringe on other people’s rights.
He said the rights of homosexuals have to be respected.