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The laws against homosexuality are colonial relics that Malawians strongly support.

Both condemned the arrest and demanded that the government immediately release Kulemeka and Gonani. In December, the Minister of Justice Samuel Tembenu issued a statement saying the government is committed to “adhere to universally accepted human rights standards,” to “review the penal laws on homosexuality,” and to abide by a “moratorium on arrests and prosecution of consensual homosexual acts.” So will Malawi decriminalize homosexuality?

[Read more: Why Malawi’s election surprised us, even if the outcome was unsurprising] Political uncertainty is certainly the rule right now.

The current president, Peter Mutharika, won the 2014 election with only a plurality – not a majority – of the vote.

In his research, Von Doepp argues that political uncertainty – in this case, the uncertainty that the current president will stay in office for very long – discourages judges from rulings that favor the president.

Rather, he shows, political uncertainty can lead judges to cultivate society’s support instead.

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