The three panel of judges, lead by Joseph Chigona noted that it will be unto the parliament to amend the law, if such is to be legalized in Malawi.
Jana Gonani contested his arrest by the police and subsequent conviction by the magistrate court, which led to the case being brought before the court.
Gonani was found guilty of encouraging other men to have sex with him in violation of the natural order.
He filed a lawsuit to have the Constitutional Court decide what the natural order is for those who are biologically drawn to other people.
Gonani is incarcerated at Chichiri Prison for eight years after his arrest and subsequent conviction in 2021.
However, after being detained for sodomy, Dutchman Jan Wim Akster is contesting his detention.
Akster is accused of having sex with boys and men he was having intercourse with without their consent, going against the natural order.
Although Akster’s case appears to be before the magistrate court, he is requesting a constitutional review to determine whether his arrest for having sex with consenting individuals was lawful.
In the meantime, portion two of the ruling—which was assembled by a trio of High Court judges—was given by Judge Chimbigzani Kacheche.
Chimbigzani Kacheche, Joseph Chigona, and Vikochi Chima are the judges.
