Lawyers for gay Malawi couple seek change to law

BLANTYRE (Reuters) - Lawyers for two men arrested after becoming Malawi's first gay couple to wed publicly filed court papers on Monday requesting a review of the law banning homosexuality.

Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, married in a symbolic traditional ceremony on December 26 but were arrested a day later and charged with gross public indecency.

Anyone convicted of violating the ban on homosexuality could face a prison sentence of up to 14 years.

The couple's defence team argued in court on Monday that their arrest on the basis of their perceived sexual orientation "amounts to discrimination, a violation of their rights to freedom of expression, conscience and expression as enshrined in our republican constitution".

"Our prayer is for a constitutional review of the laws in the penal code that criminalise homosexuality in the country and are inconsistent with the constitution," lawyer Noel Supedi told a packed court.

Chief resident magistrate Nyakwawa Usiwausiwa, presiding over a case that has generated widespread public debate in the country, agreed with the plea for a constitutional review but ruled the case could be moved to the constitutional court only with the consent of the chief justice.

"I will still continue hearing the case until such a time when the chief justice makes a determination that the case be transferred to the constitutional court," he said.

The couple's arrest and the subsequent medical tests they have undergone have angered some rights groups in the country who have called for a referendum on legalising homosexuality.

Amnesty International appealed to the government last week for the unconditional release of the couple.

The two are being held in prison after the judge last week refused them bail for their own protection. The trial will continue for the next five days.