Steven Monjeza, 26, and his self-proclaimed wife Tiwonge Chimbalanga, 20
"Doppelganger anticitizens" tortured by Malawi Police
A part of Africa is going to hell these days. I’m not talking of the brutal regime of Rwanda where presidential candidate Ms. Victoire Ingabire Umuhoza was brutally mugged this past week for "jumping a queue" (give me a break!) by security operatives posing as civilians and her personal assistant, Joseph Ntawangundi, who was also brutally beaten in the incident, charged with the maximum crime of “Genocide” while authorities are well aware the man was in Europe prior, during, and after the Genocide.
I’m talking of the nastiest place on earth for people whose crime is to be “outed” gays.
Some of us were wondering how Uganda would go about in enforcing the barbaric anti-gay legislation being mulled over in that dictatorship. Well, now in order to get a preview of Uganda gone Mugabe, we only have to look at Malawi and the way it treats Steven Monjeza and his wife—yes, I’m from now on going to call him just that—Tiwonge Chimbalanga. The piece below by reporter Nkhondo Nkunika shows how two young men have been utterly “othered” by a society with those who could steer that society in the right direction leading the charge.
These two young men, says Nkhondo Nkunika, have been treated by the police as if they were “doppelganger anticitizens” worse than members of the murderous gang of Malawian serial killer Jack Bandawe aka the Nachipanti. They have TORTURED Steven Monjeza and Tiwonge Chimbalanga and even “actually considered forcing the two to undergo an anal examination just to establish whether they had intercourse or not.”
It is fitting that Nkhondo Nkunika should raise the issue of the funding of the bunch of goons and hoodlums called the Malawian police by the UKAID or DFID [Department For International Development]. For this is the only way that the West and the UN would make these irresponsible banana republics gone Mugabe to be pinched out of this madness of their own making: cut off all aid money to these fascist countries till they behave like civilized human societies!
Judge Nyakwawa Usiwa Usiwa, who’s presiding over the case of these two innocent men, is so biased that “he is not only cruel but demonstrates a complete lack of respect for human rights.” Well targeted sanctions, like turning down visa requests, could be brought to bear upon this homophobic bandit!
There’s also another troublesome issue Nkhondo Nkunika tackles: the deafening silence of so-called “rights groups” in Malawi. Some African countries bribe and set up bogus civil-society groups to masquerade as human rights groups in order to give them cover for their egregious abuses; other African authoritarian governments have even ministries or agencies of human rights! It’s about time that stringent litmus tests be imposed to curb this travesty. Again, the prescription is the same: cut off funds to rights groups that keep mum when abuses occur right under their noses!
***Alex Engwete
****
BY Nkhondo Nkunika
Nyasa Times
Published February 4, 2010
The reality in Malawi is that an overwhelming majority of Malawians oppose homosexuality. That position is supported by our own laws that do criminalize homosexual practices. It's pretty much straight forward then that if you engage in homosexuality as Tiwonge Chimbalanga and Steven Monjeza allegedly did, then the law will act accordingly.
So there isn’t much to disagree on with those who say Tiwonge and his partner should have known better.
However, there is another important facet of the gay-couple’s case that has been brought to light, that folks can agree on—the respect for rights of the accused.
To begin with, the way the couple has been treated, even the most anti- gay person out there would acknowledge that our police and the court have not handled this case the right way.
Passions and prejudices have gotten in the way of professionalism and fairness.
Respect for human rights and the notion of innocent until proven otherwise have completely been forsaken.
Every one probably agrees this case has, as it probably should, elicited intense passions from both sides of the gay rights subject.
But, regardless of one’s position on the subject, we all want or expect the authorities involved especially the court and the police to travel a higher road. They must stand above these passions and prejudices. This certainly has not been the case.
The court, in particular Judge Nyakwawa Usiwa Usiwa has been an abject let-down not only to the legal fraternity but the nation as whole.
From the onset, the judge has given every indication that he is hell bent on tormenting the two accused individuals. Among others, his decision to deny them bail , on a bailable offense like this and citing their safety or lack thereof as the reason, is not only cruel but demonstrates a complete lack of respect for human rights. This judge has taken extremism to new heights.
On the confirmation hearing of Justice John Roberts, the then junior Senator from Illinois Barack Obama alluded to the difficult tasks Judges face when deciding on difficult cases.
He concluded: “[...] In those difficult cases the critical ingredient is supplied by what is in the judge’s heart”.
Judge Nyakwawa has not rendered his verdict yet and this may not rank as a difficult case to come before him but we now know the make-up of his heart. It is devoid of any bit of compassion and conscience.
It is also very troubling that our police, who in recent times have undergone several DFID funded training programs to improve on their performance and human rights record, have treated these two citizens as if they were worse offenders than the ‘Nachipanti’ criminals.
While some people may be quick to point out that it's actually mundane for our police to beat up people under custody, one wonders the motivation for torturing two men who have not harmed anybody and who by any stretch of imagination are not hard core offenders?
Is it not frightening that they actually considered forcing the two to undergo an anal examination just to establish whether they had intercourse or not? I won’t be surprised if DFID would soon be asking for a refund.
But here is the thing: while this inhumane treatment of the gay couple has drawn widespread international condemnation, most local human rights folks or watchdogs have surprisingly been tight- lipped.
Now some people are beginning to ask questions? Why have they been mum on an issue that strikes to the core of their existence? Could this be a genuine case of moral conflict? Or is it a case of trying to maintain their relevance to an overwhelmingly anti- gay constituency without running the risk of upsetting their Western donors?
Whatever the reasons, as human rights advocates, they have been a big disappointment and their credibility has definitely been dented. They are the ones who should have been in the forefront agitating for respect of the couple rights as the legal process plays out.
Right now, it’s not surprising that the biggest scandal of this case is not the actual arrest of the two–it is actually what has transpired afterwards. Lack of respect for human rights by judges has clearly overshadowed the legal aspect of the case.
When you have police officers failing to exercise restraint or curb their prejudices and go on to torture two harmless citizens, then that is troublesome.
More importantly when you have folks whose work calls them to stand up for the two but for some reason don’t have the nerve to do that, then that is definitely worrisome.
Some of us vehemently oppose gay marriage but would like gay issues to be tackled in a more sober, civil and tolerant manner with due respect to human rights and the law of the land.




















