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The narrow road towards a possible decriminalisation of consensual sodomy in Malawi
The study is comprised of five chapters, with this as the first and will proceed on the hypothesis that criminalisation of consensual sodomy is unconstitutional and should be invalidated even in the midst of challenges to such a declaration. Chapter two will give comprehensive outline of the offence...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2015
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| _version_ | 1867614365951197184 |
|---|---|
| access_status_str | Open Access |
| author | Kumitengo, Josephine Lucia |
| author2 | Smythe, Dee |
| author_browse | Kumitengo, Josephine Lucia Smythe, Dee |
| author_facet | Smythe, Dee Kumitengo, Josephine Lucia |
| author_sort | Kumitengo, Josephine Lucia |
| collection | Thesis |
| description | The study is comprised of five chapters, with this as the first and will proceed on the hypothesis that criminalisation of consensual sodomy is unconstitutional and should be invalidated even in the midst of challenges to such a declaration. Chapter two will give comprehensive outline of the offence of carnal knowledge against the order of nature under section 153 of the Code. The ambiguities created by section 153 are analysed in chapter three where a critical discussion on the case of Republic v Steven Monjeza Soko and Tionge Chimbalanga Kachepa will also be made. A constitutional analysis of section 153 (a) and (c) will be done and it will be argued that it impairs the rights to equality, privacy and dignity in a manner that is indefensible. Chapter four will highlight among others, how the requirement of locus standi in constitutional cases is a limitation to the constitutionality challenge of section 153 (a) and (c). It will also show how the current Malawi setup of the appointing judges of the High court by the Chief Justice to sit as a constitutional court is another hindrance to the decriminalisation of the provision. In addition, the possibilities of decriminalising the offence of sodomy will be explored. Chapter five is the concluding remarks and recommendations. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/14410 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:50:53.759Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/14410 The narrow road towards a possible decriminalisation of consensual sodomy in Malawi Kumitengo, Josephine Lucia Smythe, Dee Criminal Justice The study is comprised of five chapters, with this as the first and will proceed on the hypothesis that criminalisation of consensual sodomy is unconstitutional and should be invalidated even in the midst of challenges to such a declaration. Chapter two will give comprehensive outline of the offence of carnal knowledge against the order of nature under section 153 of the Code. The ambiguities created by section 153 are analysed in chapter three where a critical discussion on the case of Republic v Steven Monjeza Soko and Tionge Chimbalanga Kachepa will also be made. A constitutional analysis of section 153 (a) and (c) will be done and it will be argued that it impairs the rights to equality, privacy and dignity in a manner that is indefensible. Chapter four will highlight among others, how the requirement of locus standi in constitutional cases is a limitation to the constitutionality challenge of section 153 (a) and (c). It will also show how the current Malawi setup of the appointing judges of the High court by the Chief Justice to sit as a constitutional court is another hindrance to the decriminalisation of the provision. In addition, the possibilities of decriminalising the offence of sodomy will be explored. Chapter five is the concluding remarks and recommendations. 2015-10-28T05:40:28Z 2015-10-28T05:40:28Z 2012 Master Thesis Masters LLM http://hdl.handle.net/11427/14410 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Criminal Justice Kumitengo, Josephine Lucia The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| thesis_degree_str | Master's |
| title | The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| title_full | The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| title_fullStr | The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| title_full_unstemmed | The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| title_short | The narrow road towards a possible decriminalisation of consensual sodomy in Malawi |
| title_sort | narrow road towards a possible decriminalisation of consensual sodomy in malawi |
| topic | Criminal Justice |
| url | http://hdl.handle.net/11427/14410 |
| work_keys_str_mv | AT kumitengojosephinelucia thenarrowroadtowardsapossibledecriminalisationofconsensualsodomyinmalawi AT kumitengojosephinelucia narrowroadtowardsapossibledecriminalisationofconsensualsodomyinmalawi |