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The proscription of consensual sodomy has attracted immense public debate worldwide and is often linked to the criminalization of homosexuality. The thrust of the argument in these debates has been the justification and retention of sodomy laws vis a vis the repeal of such laws as they violate human rights. In 2010, Malawi featured highly in the limelight of this debate when it prosecuted and convicted Steven Soko and Tionge Kachepa (both males) of sodomy and indecent practices. They were sentenced to a maximum sentence of imprisonment of 14 years. This book examines the Malawian law prohibiting consensual sodomy with a view to highlight its apparent ambiguities, which is essential to establishing the ground for decriminalization. Through the case of Steven and Tionge, the book will further demonstrate how the anti sodomy provision fails the constitutionality test.
About the author
Josephine Gwaza is Principal State Advocate at the Ministry of Justice and Constitutional Affairs,Malawi. She holds an LLB Honors Degree and an LLM in Criminal Justice from the Universities of Malawi and Cape Town respectively.
