Update on Steven and Tiwonge

First off: the BBC has some good coverage of the story, including a report from the courthouse earlier today. I strongly advise you not to take the Nyasa Times coverage seriously (interesting to read from a sociological perspective, but also sensationalized, exaggerated, and possibly designed to stoke a "gay panic" among traditionalists).

Secondly, I managed to get a copy of Malawi's penal code, which had proven elusive in internet searches. The sections dealing with homosexuality are 153 and 156:

153. Any person who -
(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature,
shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal punishment.

156. Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony and shall be liable to imprisonment for five years, with or without corporal punishment.

Interestingly, Steven and Tiwonge are being charged with "gross indecency," which falls under Section 156. Many news outlets are reporting that homosexuality can lead to a 14-year sentence in Malawi, which is true, but the maximum sentence under Section 156 (if the reports are correct and that is the section they're being charged under) is five years.

There's also an "attempt to commit unnatural offences" charge on the books, in Section 154:

154. Any person who attempts to commit any of the offences specified in the last preceding section shall be guilty of a felony and shall be liable to imprisonment for seven years, with or without corporal punishment.

As I mentioned to the fine bloggers over at Queerty, this case was brought to court in record time. One day after the arrest, the accused are brought to court to make a plea, and their second court appearance is set for 5 days later? That's almost unheard of... Interpret that however you will.

One final note: Yesterday's post featured a quote from Gift Trapeace, the director of the Centre for Development of People (CEDEP). Their organization has been defending Malawian gays and lesbians in the court of ideas, and rumor has it they'll be organizing the defense of Steven and Tiwonge in a court of law as well - take a few minutes to look at their website.