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DA: Statement by Athol Trollip, Democratic Alliance Parliamentary leader, on the ANC’s refusal to condemn Malawian court ruling (21/05/2010)

21st May 2010

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Yesterday, two Malawian men, Steven Monjeza, 26, and Tiwonge Chimbangala, 20, were convicted of performing "unnatural acts and gross indecency" by engaging in a gay relationship, and sentenced to 14 years hard labour by a Malawian Court. Not only is the verdict of the Malawian court unjustifiable, but the sentence handed down to the two men is wholly disproportionate to their perceived "crime", especially when compared to the average punishment meted out for violent crimes in South Africa. The ANC government's refusal to publically condemn this ruling stands in direct opposition to South Africa's long history of human rights activism and position as a trailblazer for human rights, including gay rights, on the African continent.

The two convicted men have been imprisoned since December 27 2009, following their arrest immediately after their engagement to each other. Their crime, according to Malawian laws, is to have expressed love for each other and for wishing to be united as partners in marriage.
 
Of course, every sovereign state must enact laws to govern the conduct of their own citizens, however, there exists a universal declaration of human rights and any discretion should be within the parameters of the principles and values it advocates. Certainly this particular case violates many of those basic tenets, is fundamentally undemocratic and as such should be condemned in the harshest terms. The South African government and the ANC should be leading the way in this regard, championing human rights and speaking out against their abuse.

President Zuma, as a former SADC Chair and leader of a country which is both an influential regional power and one of only a handful of African countries in which sexual orientation is not an offence punishable by law, should regard his administration as honour bound to publically distance itself from the Malawian court's barbaric ruling.
The Democratic Alliance (DA) calls on the ANC government to take the following steps as a matter of urgency:
• To recall South Africa's ambassador to Malawi as an act of condemnation against the ruling; and
• To raise this matter at the next meeting of the SADC Forum

In honouring South Africa's own commitment to equality, the ANC administration has a duty to condemn contraventions of such basic human rights in neighbouring nations. Our nation, and the continent, will be stronger for it.

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