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South Africa venue refuses same-sex weddings, stops hosting all marriages

Couple filed complaint with country’s Human Rights Commission

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Beloftebus farm (Photo via Facebook)

There have been mixed reactions from South Africa’s LGBTQ community after a popular wedding venue east of Cape Town announced it will no longer host weddings.

The Beloftebos farm, which Coia and Andreis de Villiers own, is 90 miles east of Cape Town and hosts a number of events.

It first came under the spotlight in 2017 when Alexandra Thorne and her partner Alex Lu approached Coia de Villiers in the hope of hosting a wedding, but was told the venue does not host same-sex marriages. Another same-sex couple, Megan Watling and Sasha-Lee Heekes, in January 2020 had a similar experience and approached the South Africa Human Rights Commission (SAHRC) which brought the de Villiers before the Equality Court for discrimination against the LGBTQ community.

The closure of the wedding venue has since seen Ruth Maseko, convener of the Triangle Project, an LGBTQ rights group, labeling the move as a total divergence from the LGBTQ community.

“Firstly, religious convections in the Bible have been used to appeal many forms of oppression including oppression of women, slavery amongst others,” said Maseko. “The sadness is that religion is still a point of exclusion and intolerance instead of being loving, affirming and inclusive. The case of the Beloftebos; owners to no longer host weddings at all than to allow people who do not identify exactly as they do is very repugnant. I wonder at what point do we become humans to know and understand the one who created you is the one who created us, members of the LGBTQIA+ (community)?”

“In this country, we have a constitution and as LGBTQIA+ people, we are protected by the constitution in that people may not discriminate against us on the grounds of our sexual orientation,” lamented Ruth. “If a wedding venue is open to the public, you cannot say we are open to the public except for LGBTQIA+ people or we are open to the public except black people, it is not constitutional.”

Michael Swain, director of Freedom of Religion South Africa, however, said the de Villiers had cited that they fully respect and recognize the constitutional rights of the LGBTQ community.

“The issue for the de Villiers family has always been about their sincere and deeply held convictions on the sacrament of marriage,” said Swain. “It has never been about the sexual orientation of any person and they have at every opportunity made it crystal clear that they fully respect and recognize the constitutional rights of the LGBTQIA+ community.” 

“They have therefore asked the SAHRC to accept, without having to agree with them, that their bona fide and intensely-held world view is that marriage is a sacrament between a man and a woman,” added Swain. “Further, that their views and beliefs regarding marriage are for considered and nuanced reasons which in turn are fundamental to their relationship with God. This relationship is central to how they live their lives and it guides all their activities, including their decisions to diversify the use of their farm.”

Swain said “the decision of the de Villiers family to no longer make the wedding venue on their property generally available to the public was not part of their proposal to the SAHRC to find a resolution to this matter.”

“Rather, it was the culmination of a process of prayer and consideration over a number of years. This decision was accelerated by the severe impact of the COVID-19 lockdown regulations that effectively shut down the wedding industry,” added Swain. “However, the Beloftebos farm will continue to be used for a variety of Christian ministry (sic) and other events.Ā By way of example, and in line with their decision, they have recently hosted a conference covering the topic of Biblical engagement with secular society.”

Furthermore, Swain said the constitution is very clear on the issue of freedom.

“To date, there has been no legal precedent to force a wedding venue to host and celebrate a same sex marriage,” said Swain. “However, if someone can be forced to participate in and celebrate events that violate their conscience, religion and belief, then every supplier of goods and services in South Africa may be forced to perform work or to provide services that they fundamentally disagree with.”

“This case is therefore about freedom, freedom for all of us to live in an open and democratic society where people are free to live their lives as they choose, in mutual respect for the dignity and sincerely held beliefs of one another,” added Swain. “Our constitution does not require everyone to believe the same and it should not punish people for holding divergent beliefs and opinions.”

The de Villiers have since written this week to the SAHRC in an attempt to amicably resolve this matter, which has been ongoing for more than two years.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the countryā€™s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.”Ā 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests ā€” the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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