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Namibia Supreme Court grants partial victory to gay couple seeking permanent residency

Men’s attorney says many hurdles remain

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(Bigstock photo)

A married same-sex couple who is seeking permanent residency in Namibia received a partial victory from the country’s Supreme Court last week

The Supreme Court on March 7 presided over a permanent residency case involving Guillermo Delgado and the Home Affairs Ministry.

Delgado, a gay man from Mexico who married Namibian national Phillip Lühl eight years ago in South Africa, approached the Supreme Court last year after Namibia’s immigration officials ruled that their South African marriage did not qualify Delgado for residency in Namibia since the country does not recognize same-sex marriages.

The Home Affairs Ministry also did not consider the fact that Delgado had lived in the country for more than 10 years.

Although the Supreme Court ruled the government had discriminated against their residency application because one of the spouses is foreign-born and ordered the Home Affairs Ministry to review Delgado’s request for residency, his attorney Uno Katjipuka-Sibolile said it was just a lost cause that would eventually bring them back to the Supreme Court.

“Essentially by saying go back to Home Affairs you have to start afresh and we have outlined to the court how Home Affairs has been hostile towards Guillermo, Phillip and the entire family so going back to Home Affairs for what? We know they are going to reject the application except now they are going to pretend to have thought about it a little bit longer then you would have to institute a review application or something and eventually come to the Supreme Court it’s just a waste of time, a waste of money and a waste of energy to be quite frank.

We will just have to study the judgment but this is not what we wanted. The good part is that they recognized that Home Affairs really mistreated Guillermo and ordered punitive cost order like you would have heard they said cost on an attorney client scale so you appreciate that Home Affairs did something wrong but you are sending the person back to Home Affairs it makes no sense to me,” said Uno.

Delgado said he and Lühl they were going to do as the Supreme Court recommended, but nevertheless described it was a daunting task since he was going back to the same process that denied him the residency,

“I feel a little bit disappointed, the application had already been made. I made an application and they rejected it so they (the Supreme Court) are basically telling me I should apply again so it’s unclear to me why I should apply again, I suppose so that they can reject it again and then we are back to square one but there should be some explanation for the judgement,” said Delgado. “So, for now I will just reapply for my domicile and see how it goes.”

Namibia Women’s Diverse Association, a non-profit organization that works with LGBTQ Namibians, said although the Supreme Court judgment was non-fluid per se, it was a step towards ending discrimination based on sexual orientation and gender identity.

“As we celebrate, we are cognizant that the journey to full recognition equality and equity shall be a struggle we are all prepared to advocate for, with no compromise of anyone’s rights,” said the Namibia Women’s Diverse Association in a statement.

A Namibian woman and her German partner, Elisabeth Frank, in 2001 sued to have their relationship recognized so that Frank could reside in Namibia.

The Immigration Board granted the residence permit, and the government appealed to the Supreme Court. The court ruled Frank should receive a permanent residence permit, which she received a year later, but it did not rule in favor of same-sex relationships.

Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Section 299 of the Criminal Procedure Act of 2004 includes references to sodomy or attempted sodomy charges.

Schedule 1 groups sodomy together with a list of other crimes for which the police are authorized to make an arrest without a warrant or to use of deadly force in the course of that arrest. Public displays of affection between two men can be considered “immoral” behavior, which is punishable under the Combating of Immoral Practices Act of 1980.

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 country’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.” 

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 — 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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Africa

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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