Trial was set for 09 hours, June, 05, 2023.
Yet by 08:45 the courtroom was already filled-up; living late comers at the mercy of court marshals to deny anyone coming thereafter entry.
Such is the public interest, this same sex relationship case involving Jana Gonani, a gay convict and Jan Willem Akster, a sodomy suspect has attracted at the High Court of Malawi sitting as a Constitutional Court.
Whilst Gonani was arrested and convicted for contravening sections 153, 154 and 156 of the Penal Code Akster on the other hand was arrested and charged with having carnal knowledge of seven male persons contrary to Section 153(a) of the Penal Code.
However, the moment of the day was first witness Alexandra Mueller, a medical practitioner and a professor of medical sociology at the University of Pretoria in South Africa.
Testifying as an expert witness on the plight of lesbians, gays, bisexuals, transgender and intersex – LGBTI community, Professor Mueller told the court in cross examination that the current Malawi’s legal framework was restrictive to rights of LGBTI people.
For instance she cited: suicide, suicide attempts, depression, drug and substance abuse as some of the social challenges affecting the LGBTI community resulting from their sexual orientation.
Justifying her position in a cross-examination by Attorney General Thabo Chakaka Nyirenda, Mueller said this society was somehow closed due to societal-discrimination.
“Research also shows that this society is often subjected to physical and psychological attacks living them traumatised as they also shy away from seeking medical and health care for fear of disclosure of their status,” she said.
Nyirenda on the other hand; tore into this testimony, wondering why the expert witness, a researcher, sidelined the Malawi ministry of health, hospitals, the police service or traditional in her sample of the research.
Nyirenda also put it to Mueller is she knew that medics were under oath to assist any patient without asking a patients’ sexual orientation.
Taking his turn; State prosecutor Victor Jere questioned the independence of Mueller’s research when it seemed biased having only engaged members of the LGBTI community.
He then asked “what’s your sexual orientation? Are you a member of the LGBTI community?”
The expert witness, Professor Mueller, turned to the panel of judges and asked “I don’t know whether I should take personal questions”.
And Judge Joseph Chigona leading the three-member panel of judges including Vikochi Chima and Chimbizgani Kacheche responded. “It’s cross examination. You can answer him.”
Mueller looked and said: “Yes, I am lesbian.”
In a re-examination by lawyer Bob Chimkango Muller justified her testimony among others clearing that homosexuality was a sexual orientation just like heterosexuality; and not a mental disorder.
The case is expected to resume on July, 17, 18 and 19 with other witnesses testifying.
Earlier, the court admitted faith groups namely: Episcopal Conference of Malawi, Malawi Council of Churches, Evangelical Association of Malawi and Muslim Association of Malawi as friends of the court.
Others also admitted include civil society organisations like: Centre for Human Rights Education, Advice and Assistance (Chreaa), Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (Cedep) as other friends of the court.
