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Queer South African man murdered in Cape Town

Activists call for president to sign Combating of Hate Crimes and Hate Speech Bill

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Diego Jacobs (Photo courtesy of Jacobs' Facebook page)

LGBTQ rights groups in South Africa have condemned the brutal murder of Diego Jacobs, a queer man in Cape Town earlier this month.

Reports indicate Jacobs, 21, was brutally murdered on Feb. 3 while walking home with two friends. A former neighbor who had previously harassed him about his queer identity reportedly attacked him.

The 20-year-old former neighbor who is currently in police custody is alleged to have started uttering homophobic slurs before stabbing him in the neck with a knife. Reports indicate Jacobs tried to avoid a conflict with him.

OUT LGBT Civil Society Engagement Officer Sibonelo Ncanana has urged law enforcement officials to thoroughly investigate the incident and ensure the alleged suspect is given a hefty sentence.

“No individual should ever face violence or discrimination because of their sexual orientation or gender identity,” said Ncanana. “This tragic incident serves as a stark reminder of the ongoing challenges and dangers faced by LGBTIQ+ individuals in South Africa.”

“The attack also highlights the importance of enacting the long-awaited Prevention and Combating of Hate Crimes and Hate Speech Bill, which was passed by Parliament in December last year. Two months later, the bill continues to await President Cyril Ramaphosa’s signature,” added Ncanana. “We once again call on the president to take action and assent to the bill urgently, before any more lives are lost to hate and intolerance.”

Embrace Diversity Movement Secretary General Mpho Buntse said Jacobs’ death was a heinous attack that required law enforcement officials’ urgent attention. 

“The EDM is shocked to learn of the brutal killing of Diego,” said Buntse. “This act comes at a time when we had thought that the spike in hate crimes of this nature are a thing of the past. We view this as a deliberate push back to our efforts to end hate related crimes. Beyond this obvious knowledge, we call upon law enforcement officials to ensure that justice is served.” 

Buntse, like Ncanana, urged Ramaphosa to sign the Hate Crime and Hate Speech Bill into law “to ensure that hate is punished by law.”

“As a movement we demand that this be done before the upcoming elections,” said Buntse. “Failure to do this will be a clear demonstration that there is a lack of political will to protect the queer community.”

Ruth Maseko of Fantastic Family LGBTIQ said they were aggrieved Jacob’s death and echoed other activists who urged Ramaphosa to sign the Prevention and Combating of Hate Crimes and Hate Speech Bill.

“We are deeply saddened by the needless loss of another young life,” said Maseko. “The fact that these crimes continue based merely on how a person identifies in terms of their sexual orientation, gender identity, and /or expression is an insult to our humanity or lack thereof.”

South Africa is the only African country that constitutionally recognizes LGBTQ rights. The country’s LGBTQ community, however, continues to face attacks based on sexual orientation and/or gender identity that often lead to death.

The attacks have largely been attributed to religious and cultural beliefs that run counter to LGBTQ rights. 

Activists who support the Prevention and Combating of Hate Crimes and Hate Speech Bill say it will help curb homophobic and transphobic attacks. Some religious leaders, however, have criticized it and urged Ramaphosa not to sign it.

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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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