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Homophobic attacks in South Africa persist

Mpho Falithenjwa died by suicide after he was bullied for being gay

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Mpho Falithenjwa, 14, died by suicide earlier this month after he was bullied because he was gay. (Photo courtesy of Mpho Falithenjwa's Facebook page)

Despite having a constitution that explicitly protects LGBTQ and intersex South Africans, homophobic attacks remain pervasive in the country.

Mpho Falithenjwa, 14, died by suicide earlier this month after he was bullied because he was gay, according to his sister who spoke with MambaOnline, a local LGBTQ and intersex publication. South Africa’s LGBTQ and intersex community is wondering how an incident like this can be averted from happening again.

“We believe that the untimely passing of Mpho was mainly because of societal pressure, because of how society made it impossible for Mpho to come out without fear or prejudice, so what happened to Mpho really saddens us as activists it saddens us as Access Chapter 2 but over and above it saddens us as a country that 26 years after officially signing this Constitution as a country, we still have to grapple with issues of addressing the victimization of homophobia and transphobia subjected to the 2SLGBTQIA+ community and it happened a time when we are reflecting and commemorating international Pride,” said Mpho Buntse of Access Chapter 2, a South African LGBTQ and intersex rights organization. 

“Moreso, it brings eyes into the country to question the credibility of our Constitution because it cannot be that we have a Constitution that embraces the 2SLGBTQIA+ community yet it still makes it difficult for people to live without prejudice so this was conversion practice in the making because of the pressure that Mpho was given by society to conform to what society believes Mpho is as compared to what Mpho believes he is,” added Buntse. “What happened to self-affirmation? Generally as a country I think we really need to take a stance, a very strong stance in fighting and confronting issues of transphobia and homophobia from a place of policy more than anything.” 

Ruth Maseko of the Triangle Project called for more stringent measures to be taken against any form of bullying.

“There are many forms of bullying, verbally, physically and emotionally, it is abusive and should never be tolerated. Nobody should stand by no matter who you are, what your position is or what your age is and watch another person being bullied,” said Maseko. “Moreover, a deep concern for us is that the ages of perpetrators of hate crimes have been young. What are we passing on to our young people? What messages are we giving them, that makes it okay to start calling people names and excluding people because of who they are?”  

Falithenjwa’s death by suicide is the latest case to send shockwaves across South Africa.

A court in Pretoria in April sentenced two men to life in prison for raping a 19-year-old lesbian in 2020.

Human Rights Watch statistics indicate at least 20 LGBTQ and intersex people were reported killed in South Africa between February and October 2021. The international NGO indicates many of them were either beaten or stabbed to death because of their sexual orientation or gender identity.

“We cannot keep losing young lives just based on who they are and how they identify. It’s hard when you are young and feel that you are not accepted and then bullied, and nobody does anything to stop bullying wherever it happens,” said Maseko. “That person then turns that hate inwards and ends their own life before their life has even really begun. Why? Just because of who that person is? Words have the ability to cause this outcome and it is devastating that a young person feels like they can no longer go on because of someone else’s words.”

Maseko added it is “not acceptable and should not be tolerated.” 

“Our children should be learning in their homes that it is never okay to do this to others. Children should not engage in prejudice,” said Maseko. “If they have learnt it, because none of us are born with prejudice, they have the ability to unlearn it. In schools, where it is evident that someone is the target of bullying on any grounds, immediate action should be taken.”

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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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