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Malawi gay couple get maximum sentence of 14 years

BBC Published May 20, 2010 Reviewed Jul 3, 2026 ✓ Reviewed by citations.press editors
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A Malawian judge sentenced Steven Monjeza and Tiwonge Chimbalanga to the maximum penalty of 14 years in prison with hard labour for gross indecency and unnatural acts.
14 years · prison sentence
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The couple was arrested in December after holding an engagement ceremony.
1 engagement ceremony · event
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The couple had been in jail since their arrest in December.
1 arrest · event
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The judge imposed a 14-year sentence to protect the public and deter others.
14 years · sentence
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The judge stated that Malawian society is not ready for same-sex marriage or engagement ceremonies.
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Defence lawyer Mauya Msuku argued for a lighter sentence, stating the couple’s actions had not victimised anyone.
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Gift Trapence of the Centre for Development of People (Cedep) questioned how the couple could receive 14 years for loving each other.
14 years · prison sentence
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Michelle Kagari of Amnesty International described the sentence as "an outrage" and called the couple "prisoners of conscience".
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Peter Tatchell noted that the laws under which the couple were convicted were introduced during British colonial rule.
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The British government expressed "dismay" at the sentences but did not withdraw aid.
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The US State Department said the case was "a step backwards in the protection of human rights in Malawi".
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The Centre for Development of People (Cedep) and the Centre for Human Rights and Rehabilitation (CHRR) have urged Malawi’s authorities to relax the country's stance on homosexuals.
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Some members of the public outside the courtroom shouted that 14 years was not enough and called for 50 years.
more than 50 years · prison sentence
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Peter Tatchell stated the 14-year sentence was more severe than sentences for rapists, armed robbers, and killers.
more than 14 years · sentence
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The Malawian government has come under pressure from Western donors over the issue.
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The judge convicted the couple on a Tuesday (unspecified date).
1 conviction · couple
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A judge in Malawi has imposed a maximum sentence of 14 years in prison with hard labour on a gay couple convicted of gross indecency and unnatural acts.

The judge said he wanted to protect the public from "people like you".

Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, have been in jail since they were arrested in December after holding an engagement ceremony.

The case has sparked international condemnation and a debate about homosexuality in the country.

The British government, Malawi's largest donor, expressed its "dismay" at the sentences, but has not withdrawn aid.

The US state department, meanwhile, said the case was "a step backwards in the protection of human rights in Malawi".

Handing down sentence in the commercial capital, Blantyre, Judge Nyakwawa Usiwa-Usiwa told the pair: "I will give you a scaring sentence so that the public be protected from people like you, so that we are not tempted to emulate this horrendous example."

The judge said the pair - whom he convicted on Tuesday - had shown no remorse.

"We are sitting here to represent the Malawi society, which I do not believe is ready at this point in time to see its sons getting married to other sons or conducting engagement ceremonies," said the judge.

The BBC's Raphael Tenthani in Blantyre says Monjeza, who is unemployed, broke down in tears while Chimbalanga remained calm.

"I am not worried," Chimbalanga, a hotel janitor, told reporters as he was led away.

Defence lawyer Mauya Msuku told the BBC that they would appeal.

The courtroom was packed, and hundreds of people gathered outside the building. Some shouted abuse as the couple were taken back to jail.

There were shouts of "You got what you deserve!" and "Fourteen years is not enough, they should get 50!"

Mr Msuku had argued for a lighter sentence, pointing out that the pair's actions had not victimised anyone.

"Here are two consenting adults doing their thing in private. Nobody will be threatened or offended if they are released into society," he said on Tuesday.

Gift Trapence, from the Centre for Development of People (Cedep), a human rights group, described it as a sad day for Malawi.

"How can they get 14 years simply for loving one another?" he asked. "Even if they are jailed for 20 years you can't change their sexuality.

Michelle Kagari, deputy Africa director of Amnesty International, called the sentence "an outrage", reports the AP news agency.

She described the pair as "prisoners of conscience" and said Amnesty would continue to campaign for them to be freed.

UK gay rights campaigner Peter Tatchell pointed out that the laws under which the pair were convicted were introduced during British colonial rule.

"These laws are a foreign imposition. They are not African," he said.

He described the sentence as "brutal" and more severe than for rapists, armed robbers and killers.

The men had denied the charges and their lawyers said their constitutional rights had been violated.

Cedep and the Centre for Human Rights and Rehabilitation (CHRR) have been urging Malawi's authorities to relax the country's stance on homosexuals.

Our reporter says the government has come under pressure from Western donors over the issue.

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