Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
African jurisprudence on LGBT and possible reforms for Malawi
Mini Dissertation (MPhil (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613479530135552 |
|---|---|
| access_status_str | Open Access |
| author2 | Durojaye, Ebenezer |
| author_browse | Durojaye, Ebenezer |
| author_facet | Durojaye, Ebenezer |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (MPhil (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100707 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:48.396Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100707 African jurisprudence on LGBT and possible reforms for Malawi Durojaye, Ebenezer tawongakayira@yahoo.co.uk Kayira, Tawonga UCTD Sustainable Development Goals (SDGs) Decolonial methodology Queer theory Epistemology Common law Constitutional morality Mini Dissertation (MPhil (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024. Despite the world being pluralistic in sexuality, sexual minorities are often not recognized both in epistemology of the LGBT law and in court due to heteronormativity. Heteronormativity is grounded in a mythical epistemology that is not based on science of law. This has created a reverse-discourse which is non-conformist. Against this background, queer theory offers decolonial methodologies that expose the world as it is; queer. The extent to which the fiction in the law and jurisprudence has been condemned, and named illegal, has been missing out in scholarship. The sodomy law ultra vires the Constitution. The study brings attention to this undertheorized area and calls for elimination of such illegality which cannot be left out to common law’s pick-and-choose in setting legal precedent. Such false epistemology must not co-exist with scientific one. It exacerbates retrogressive jurisprudence. This is the situation in Malawi. The country has failed to leverage on the emerging jurisprudence from the African Commission and other African countries with progressive jurisprudence which offers possible reforms for Malawi’s LGBT law. In contributing to the discourse, I propose a model that uses anthropological and historical approaches to identify scientific queer epistemology that would create queer jurisprudence through legal reasoning, sovereignty as responsibility, Constitutional morality and international human rights law, offering both epistemological shift and jurisprudential shift towards the eradication of the myths and promotion of science hence legality of the law. Centre for Human Rights MPhil (Sexual and Reproductive Rights in Africa) Unrestricted Law SDG-10: Reduced inequalities 2025-02-11T13:13:51Z 2025-02-11T13:13:51Z 2024-11 Mini Dissertation * A2025 http://hdl.handle.net/2263/100707 None en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Decolonial methodology Queer theory Epistemology Common law Constitutional morality African jurisprudence on LGBT and possible reforms for Malawi |
| title | African jurisprudence on LGBT and possible reforms for Malawi |
| title_full | African jurisprudence on LGBT and possible reforms for Malawi |
| title_fullStr | African jurisprudence on LGBT and possible reforms for Malawi |
| title_full_unstemmed | African jurisprudence on LGBT and possible reforms for Malawi |
| title_short | African jurisprudence on LGBT and possible reforms for Malawi |
| title_sort | african jurisprudence on lgbt and possible reforms for malawi |
| topic | UCTD Sustainable Development Goals (SDGs) Decolonial methodology Queer theory Epistemology Common law Constitutional morality |
| url | http://hdl.handle.net/2263/100707 |