Gay Man turns Straight in Malawi
Barely a week after Malawi’s President Bingu wa Mutharika pardoned a couple jailed for contravening Sections 153 and 156 of the country’s penal code which outlaws homosexual relationships, a dramatic turn of events has taken place.
Steven Monjeza backed out of the traditional engagement he contracted in December 2009 with Tiwonge Chimbalanga, attributing the entire incident to the orchestration of ‘hidden hands’. Monjeza said he was drunk on the day of the engagement and was unaware of the full consequences of his actions when he was offered the opportunity to move abroad by persons he was reluctant to name, on condition that he went along with the ceremony. In Malawi, traditional engagement constitutes a civil marriage.
Announcing his engagement to Ms Dorothy Gulo, Monjeza said: “I have turned down an asylum offer, I would rather stay in Malawi with Dorothy,” thus confirming speculations that the gay marriage controversy was orchestrated by foreign influences wishing to make Malawi a test case for the introduction of gay marriage into the constitution of African countries.
Earlier this year, the Chief resident magistrate of Blantyre Nyakwawa Usiwa Usiwa ruled for the criminal prosecution of Tiwonge Chimbalanga and Steven Monjeza Blantyre who contracted a gay marriage, in December 2009. Chimbalanga was banished from his village seven years ago at the age of 13 due to his penchant for feminine clothing. During the court appearances, he was dressed in a floral blouse and a wrapper and was unfazed by public taunting while Monjeza appeared uncomfortable.
Speaking from an unknown location, Monjeza’s erstwhile fiancé Tiwonge Chimbalanga said he was neither surprised nor disappointed by Monjeza’s about-face, saying he had many more gay partners to choose from. President Mutharika who announced the pardon on 29 May during the visit of UN Secretary-General Ban Ki-Moon, bowed to western pressure after donors including the UK, Germany and the World Bank warned Malawi against the prosecution of homosexuals. CABS provides up to 80 percent of Malawi’s development budget of 438 million dollars.
Chief resident magistrate of Blantyre Nyakwawa Usiwa Usiwa ruled on Monday that two men who contracted a traditional marriage ceremony on 26 December will be tried and may be jailed for up to 14 years if found guilty of contravening Sections 153 and 156 of the country’s penal code which outlaws homosexual relationships. Tiwonge Chimbalanga and Steven Monjeza were arrested two days after their traditional engagement, which constitutes a civil marriage in Malawi. Charges brought against the couple include “gross indecency” and “having carnal knowledge against the order of nature”. Both men have already undergone medical and mental evaluations.
The case has attracted international condemnation as rights groups and the diplomatic community have mounted pressure on the government to drop the case. Gift Trapense of the Centre for Development of People commented: “The court ruling today is a very sad development. The full trial will only perpetuate misery for the couple as they will continue to be kept in prison and continue to face the wrath of homophobic people,” Trapense continued “It is very unfair to continue holding the couple in jail just because they are expressing their love for each other. The conditions in Malawi’s prisons are very bad; there is overcrowding in the cells and inmates go hungry most times. It is sad that they should continue suffering just for choosing their own way of life.”
Joining the fray is Amnesty International which has adopted the couple as Prisoners of Conscience – persons who have been jailed on account of the expression of their beliefs. Last week, major Donors to Malawi under the auspices of the Common Approach to Budget Support (CABS), membership of which include: the African Development Bank, the World Bank, the UK, Norwegian and German governments warned Malawi not to try the couple, urging Malawi to respect the human rights of the pair. Chimbalanga, a waiter and Monjeza a subsistence farmer were not fully aware of the laws on homosexuality. Some groups affirm that the incidence is being stage managed by unknown persons as a test of gay rights. Chimbalanga who was banished from his village seven years ago at the age of 13 appeared in court in a floral blouse and a wrapper seemingly unfazed by public taunting while his partner Monjeza appeared uncomfortable. Neither of the men enjoys the support of their families.
Urging the Malawian government on is the Malawi Council of Churches (MCC), with a membership of about 22 protestant churches. The MCC is encouraging the government to maintain the country’s penal code in its current form and resist donor pressure to accept gay rights for aid. The MCC called on the international community to “respect Malawi’s cultural and religious values”. The ongoing drama in Malawi brings to mind the Australian immigration drama last year, during which Prime Minister Kevin Rudd refused to apologize for Australia’s Christian heritage. Rudd drew national applause when he said: “Most Australians believe in God. This is not some Christian, right-wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.”
The Australian Prime Minister continued: “We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us. This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you to take advantage of one other great Australian freedom, ‘THE RIGHT TO LEAVE’.”
Rudd, who is vocal about his Christian faith has given several prominent press interviews in which he defended church representatives engaging with policy debates, arguing that Christian perspectives must be included in policy debates. In Rudd’s view “A Christian perspective… should not be rejected contemptuously by secular politicians… If the churches are barred from participating in the great debates…, then we have reached a very strange place indeed”. The Australian PM who has been described as a social conservative has expressed his opposition to same-sex marriage, saying: “I have a pretty basic view on this…and that is, that marriage is between a man and a woman.” Same-sex marriages are currently not permitted under Australian federal law, which defines marriage as ‘the union of a man and a woman’ In addition, Australian law does not recognize same-sex marriages contracted outside the country.
On Friday, Prime Minister of Zimbabwe Morgan Tsvangirai agreed in a media report with President Robert Mugabe that gay rights would not be introduced in the country’s ongoing constitutional review. Homosexual acts are illegal in Zimbabwe’s laws. Although the Prime Minister and President do not see eye to eye, they are aligned on the issue. President Mugabe addressed participants at an International Women’s Day event saying, “That issue is not debatable, it’s not up for discussion.” He continued, “It is just madness, insanity. The ancestors will turn in their graves should we allow this to happen.” On his part, Mr Tsvangirai said “Women make up 52% of the population… There are more women than men, so why should men be proposing to men?”
Supporters of same-sex marriage have compared its prohibition to past prohibitions on interracial marriage. If Malawi law changes to allow same-sex marriage, it would be only the second country in Africa after South Africa to do so. Netherlands, Belgium, Spain, Canada, Norway, Sweden and South Africa are the only countries in which same-sex marriages have the same status as conventional marriages. In the liberal US, same-sex marriages are allowed in five out of the 50 states. Trial date in the Malawi case has been set for April 3rd.
