S v. Jana Gonani
The defendant, a transgender female sex worker, was charged with two counts of false representation with the intent to defraud after she offered her sexual services to two men and then took their phones. She was additionally charged with one count of committing an unnatural offense because she had sex with one of the men. The court found the defendant guilty of falsely representing herself because she propositioned the two witnesses for sex while presenting as a woman but possessed male genitalia. The court further found that she had violated Section 153 of the Penal Code by acting against “the order of nature” when she engaged in sex with one of the men. The court proclaimed that homosexual acts are prohibited by law until the High Courts or Parliament explicitly decide otherwise despite acknowledging that Malawi’s constitution prohibits discrimination of persons on the grounds of “other status or condition.” The court recommended that higher courts provide guidance on transgender legal issues and the constitutionality of same-sex relations. Ultimately, the court sentenced the defendant to serve concurrently three years for each charge of false pretense and eight years for violating the Penal Code’s prohibition of same-sex conduct. The case is now pending before a panel of High Court judges sitting as the Constitutional Court of Malawi. The magistrate court decision is no longer available online, but the Women & Justice Collection has a copy of the decision. Information about the case can be found here: https://www.hrw.org/world-report/2024/country-chapters/malawi#e81181 ; https://nra-mw.com/court-adjourns-the-jana-gonani-case-after-cross-examining-the-claimant-expert-witness/ ; https://www.zodiakmalawi.com/nw/national-news/66-news-in-southern-region/6651-court-finishes-hearing-homosexuality-case
Topics
Geographical location
Keywords
Year
- 2021
Court
Type
Jurisdiction