A three-judge High Court bench will determine the validity of the following claims when considering the Republic of Malawi’s Constitution.
- A. According to Section 153 of the Penal Code, anyone who: (a) knows someone has sexual knowledge of them against the law; or (c) allows a man to know something about them sexually against the law, is guilty of a crime and faces a fourteen-year jail sentence.
- B. Criminal Code, Section 154
Any anyone who attempts to conduct any of the offenses listed in section 153 will be found guilty of a felony and face a seven-year jail sentence. - C. Criminal Code, Section 156
Any male who engages in any kind of gross indecency with another male, whether in public or private, or who helps another male to engage in gross indecency with him, or who attempts to incite another male to engage in any such behavior with him or another male, whether in public or private, is guilty of a felony and faces a five-year prison sentence.
Attorney General v. Jan Willem Akster & Jana Gonani = Constitutional Referral No. 2 of 2021.
