In the rooftop lounge of a hotel in Blantyre, a city in southern Malawi, three young men meet to share a difficult story with openDemocracy. They appear nervous, even fearful. One frequently checks his phone, reluctant to engage in conversation. One looks on absent-mindedly. One speaks in very low tones, all the while avoiding eye contact. Despite their fears, they want to share their story – they are keen that the world knows what happened to them, that justice is delivered.
The men are accusing Christian missionary Jan Wim Akster, a Dutch national, of sexually abusing them while they were bursary students and employees at the Timotheos Foundation in Malawi, where Akster was finance director.
The Dutch Christian charity – funded by donors based mostly in the Netherlands, the US and Canada – offers education bursaries and other support to vulnerable children and young people in Malawi’s Chiradzulu and Nsanje districts, in the south of the country. Its website says it “addresses poverty, supports local communities in need, and brings God’s word to local Malawians”.
In total, nine young men have claimed they had non-consensual sex with Akster in exchange for bursary support between 2018 and 2019 – allegations that are the basis of sexual abuse and sodomy charges brought against Akster by the Malawian state in 2020.
Akster denies any abuse, claiming in a written statement to the police that he had consensual relationships with the men. As part of his defence, he petitioned Malawi’s Constitutional Court to decriminalise homosexuality. Had he been successful, the sodomy charges against him would have been dropped – but the court dismissed his application last month. Same-sex relationships continue to be a criminal offence punishable by up to 14 years imprisonment.
When reached through his lawyer, Fostino Maele, Akster declined to respond to a request for comment.
"The client declined to answer the questions as he says he has no knowledge about what you are asking,” said Maele.
At its surface, the Akster case appears to be a tragic but straightforward case of alleged sexual harassment and abuse in the workplace, with an influential man accused of misusing his position of authority to prey on the vulnerable.
Dig deeper, and the case touches on many of the tensions roiling Malawian society today. Draconian colonial-era laws that outlaw homosexuality between consenting adults, profound economic and racial inequality that give white expatriates inordinate power over local Malawians, and a volatile political climate in which anti-gender activists claim that LGBTIQ rights are a Western conspiracy akin to legalising child abuse.
In this context, rights activists fear that Akster’s failed petition to decriminalise homosexuality, in the context of the charges he faces, may have caused further harm to the country’s vulnerable queer community.
The accusations
Some of Akster’s accusers say his approach was that of a good Samaritan, offering extra income in exchange for gardening work during holidays. To others, he was a benevolent boss treating employees to fine dining.
“At first I thought he was just rewarding good work for the day when he took me to these uptown restaurants to eat,” said Chisomo*, one of the alleged victims. “But afterwards, he would call me to his house,” he said, and “touch and kiss me”.
“Thereafter he could give me 4,000 Malawian Kwacha (£1.84),” he added. At the time, this was more than 7% of Malawi’s monthly minimum wage of MWK52,000.
Chisomo claimed that most evenings, Akster would call him and the three other gardeners who lived at nearby staff quarters on the Timotheos Foundation compound to play Uno at his house, where he lived alone. After the card games, Chisomo alleges, Akster would tell one of the men – not always the same one – to remain behind.
“He gave me a forced kiss, I was surprised to be kissed by a fellow man,” recalled another victim, Chikondi*, who was asked to stay behind after another game of Uno. “He later sent me several love messages.”
Akster was arrested in April 2020 after one of his accusers reported him to the police. Eight more men voluntarily came forward to make similar accusations to the Timotheos Foundation soon after. The foundation’s general manager, Gerrit Oomen, told openDemocracy it immediately passed the allegations to the police, as well as appointing two of its staff members to hold an internal investigation.
On the day of Akster’s arrest later that month, the foundation’s board suspended him pending police investigations. His contract was terminated later that year.
“I thought I should speak out to clear my conscience as this had been heavy on me for a long time. But I know of many others who are victims but did not speak out,” Chikondi said.
Akster denies all the allegations and claims he is being set up. During a cross-examination in July 2023, he told the court that he believes that staff members at the Timotheos Foundation approached 60 people to ask them to make false statements against him but that only nine – including the three men openDemocracy has spoken with – agreed to do so. He did not say why he believes staff at the Timotheos Foundation would do this.
‘Losing hope’
The victims’ real names were revealed during the July court hearing – a move that is not uncommon in the Malawian judiciary but that they say has only worsened their suffering. openDemocracy is choosing not to republish their names.
When John’s* wife learnt her husband was among those alleging he had been sexually abused by Akster, it had a damaging effect on their relationship. His extended family members turned on him, too. Not only do they not believe John, but they say he is effectively crucifying Akster, who they insist is a good man.
John has been nicknamed Judas and has had to endure homophobic slurs from friends, family and neighbours. He has become isolated from his community, telling openDemocracy: “My only closest friends are the fellow Akster victims.”
Some local media coverage in Malawi has worsened John’s situation still, he said – implying the victims may have a financial motive for accusing Akster. Malawian courts can order people or employers who are found guilty of such crimes to pay compensation to their victims, although this is not always the case.
Though the Timotheos Foundation initially arranged for one of its board members, a pastor, to provide counselling to all nine complainants, the sessions have not taken place in more than a year. Oomen said this is because the pastor died and a replacement has not yet been identified.
One of the alleged victims, Chisomo, told openDemocracy that even when the counselling was taking place, he did not feel it was adequate. “When we [met], he only provide[d] the word of God,” he explained. Oomen denied the foundation’s counselling services were aligned only with Bible teachings, saying they were “holistic”.
Chisomo also said the 20,000 Malawian Kwacha ($11) that the foundation gave to the alleged victims to help them cover transport costs to and from the counselling sessions was not enough. “At one point, we complained that the amount is little,” he said. “They told us they need to discuss first before reviewing. But the counselling has since then stopped. We have lost hope on this issue.”
The victims asked for further compensation from the Timotheos Foundation but were told this would happen only if the court finds Akster guilty. It has been three years since the first hearing took place and there is still no sense of when a decision might be made, with the case having been put on hold in May 2021 when Akster applied to the constitutional court to have the country’s penal code changed to legalise gay sex.
Less than six months after the sexual abuse and sodomy allegations against him came to light, Akster was also charged with two unrelated counts of sex trafficking and sexually abusing 19-year-old female secondary school students in an orphanage where he previously worked. He denies these allegations and the charges were also put on hold amid Akster’s efforts to legalise same-sex relations.
The judiciary joined Akster’s attempt to change the law with another similar petition by Jana Gonani, a Malawian trans woman who received an eight-year prison sentence in December 2021 for ‘false presentation’ after having sex with a man who said he was not aware she was trans. Gonani says the current law violates fundamental human rights, including the right to privacy and dignity embedded in the country’s constitution.
On Friday 28 June 2024, a three-member judge panel of the High Court's Constitutional Court in Blantyre dismissed Akster and Gonani’s case. In its judgement, the court ordered Akster’s criminal cases in the lower courts to continue. Some Malawian campaigners are unhappy that the two cases were linked – believing Gonani stood more chance of winning a change to the law without Akster’s involvement.
Reacting to the landmark judgement, Rodger Phiri, the executive director for Art and Global Health Centre Africa, said Akster’s case was imposed on LGBTIQ and human rights activists although it was not in their interest.
“When we moved the courts, we only had one case of Jana Gonani [...] but the court decided to combine the Gonani’s case with Akster’s,” he said. Now, he added, “the general public’s understanding of the same-sex sexual acts [is] based on this case judgement.”
Human rights lawyer Ousman Kennedy agrees, saying Gonani’s case was a rare chance for the judges to understand the plight of LGBTIQ people in Malawi. Akster being a co-petitioner, Kennedy said, may have led the court to fear that legalising gay sex under such circumstances appeared akin to promoting sexual abuse.
Both Phiri and Micheal Kaiyatsa, the executive director of the Centre for Human Rights and Rehabilitation in Malawi, believe Akster’s involvement in Gonani’s case may undo the gains made on LGBTQI issues in the country in recent years, such as raising awareness of the struggles queer people face and reducing discrimination. These fears are only strengthened by the fact that Akster has denied being gay in court, Kaiyatsa said. Now, Phiri added, the future of LGBTQI advocacy in Malawi is uncertain.
