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Pardoned gays could go back to jail

  1. Posted on Monday 7 June 2010 - 15:21
    Richard Chirombo
    Image of Richard Chirombo
    President Bingu wa Mutharika violated the law in pardoning convicted gays, Steven Monjeza and Tiwonge Chimbalanga, without consulting a committee to deliberate over the decision as stipulated in the Malawi Constitution, legal experts say.
    The experts say Mutharika’s unilateral decision means that the process that led to Chimbalanga and Monjeza’s unconditional release is illegal. This means the two face the possibility of being sent back to jail, the experts say.
    For example, lawyer Kamuzu Chibambo, who is also People’s Transformation Party (Petra) president, argues that the Constitutional provisional that confers powers on the president to effect pardons, also empowers him to reduce sentences.
    “ (Therefore) why didn’t he choose the option of reducing their sentences (other than pardoning them)?” queries Chibambo.
    Other lawyers agreed with Chibambo, saying Chimbalanga and Monjeza should go back to jail because the process that led to their release is illegal.
    But the Malawi Law Society (MLS), other than picking issue with how Mutharika- who is also African Union Chairperson- pardoned the two, has questioned the president’s decision to gag cabinet ministers from speaking on the issue.
    MLS President, John Gift-Mwakhwawa, says Mutharika’s decision does not augur well with freedom of expression, and asked ‘principled’ ministers to defy the president and speak out.
    Mwakhwawa said there may be cabinet ministers who may wish to speak out, owing to the publicity the issue of gays has generated in Malawi, but may not do so for fear of receiving the punishment that never fails: a boot from Mutharika’s cabinet.
    He described the decision as illegal since it violates Constitutional provisions.

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