A gay couple in Malawi could face 14 years in prison.

Two gay men in Malawi will now face a full trial after they were arrested in December 2009 for “gross indecency” at their civil marriage ceremony. 

The trial of Tiwonge Chimbalanga, 20, and Steven Monjeza, 26, who have been in custody since their arrest on Boxing Day, will proceed on 3 April, despite the defence pressing for the charges to be dropped.

The charges are based on Sections 153 and 156 of the Penal Code which criminalise homosexuality and recommend that anyone convicted under these sections may be jailed for a minimum of five years and maximum of 14 years and hard labour.

Monjeza and Chimbalanga, who are being held at Chichiri Prison, one of Malawi’s maximum security jails, have been refused bail on two different occasions by the same magistrates’ court. They are taunted and jeered by crowds of people every time they make a court appearance.

So far they have denied charges of gross indecency and will call defence witnesses; the mens’ lawyers have argued that their constitutional rights are being violated.

The gay rights case, the first of its kind in Malawi, is likely to be closely watched by the international human rights and development community. Magistrate Nyakwawa Usiwa-Usiwa from Malawi’s main commercial centre Blantyre, said: “The court has established a prima facie case against the accused persons.”

Local interest has also been substantial – 50 people were turned away from the public hearing for lack of room.

Gift Trapense, Director of the Centre for the Development of People (CEDEP) – a new human rights organisation – commented in The Daily Times: “Unless the suspects were caught in the act, the law cannot take charge against them in the absence of evidence that they are involved in a sexual act. What these two people have done is expression of their legal rights. It is another way of testing our law which is silent on such matters.

“Here are two individuals who are expressing their sexual orientation as human beings. Therefore I do not see any reason why the government should intrude in such an issue.”

Despite the laws banning homosexuality, some voices in government have started to call for more openness as the authorities try to tackle high rates of HIV/Aids. Furthermore, a number of external donor nations and organisations have suggested that support to Malawi may be affected if the state chooses to prosecute against homosexuality.

Internally however, the government also faces pressures from the Malawi Council of Churches (MCC), a grouping of up to 22 protestant churches, which has urged it not to give in to donor pressure to accept gay rights in exchange for aid.

In a statement released on 19 March, the MCC called on the international community to: “respect Malawi’s cultural and religious values and refrain from using aid as a means of forcing the country to legalise sinful acts like homosexuality in the name of human rights.”

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