Rights of LGBT Persons

SALC’s programme on the rights of LGBT persons has the following objectives:

  • To improve jurisprudence on the rights of LGBT persons through incremental litigation focusing on freedom of association and expression for LGBT activists in the region.
  • To create a more nuanced legal strategy for criminal defence in sodomy cases.
  • To assert the role of the State to provide full citizenship and self-determination to all persons irrespective of gender identity and sexual orientation.
  • To assert police accountability in cases of police abuse of transgender persons.

On-going cases:

Zimbabwe: Action for damages for unlawful arrest of transgender person.
Botswana: Two cases challenging State’s refusal to change gender marker of transgender persons.
Malawi: Case challenging sodomy provisions in Penal Code.
Mozambique: Case challenging refusal to register LGBT organisation.
Malawi: Case challenging Director of Public Prosecution’s powers to withdraw private prosecution for hate speech against LGBT.
Malawi: Case challenging the arrest of a transgender person on the charge of soliciting for an immoral purpose.

Precedent cases:

Botswana: Case challenging the refusal to register an LGBT organisation.
Malawi: Case challenging arrest of couple on sodomy charges.
Zambia: Case challenging arrest of couple on sodomy charges.
Zambia: Support activist’s right to freedom of expression.

 

11 Dec 2017 Staff Writer
NEWS RELEASE: HUMAN RIGHTS ORGANISATIONS APPLAUD AFRICAN COMMISSION’S LAUN...

Abidjan, Côte d’Ivoire –  On this International Human Rights Day, regional human rights organisations commend the African Commission on Human and Peoples’ Rights (ACHPR) on the adoption and launch of the summary version of the Report on the Law and…

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05 Dec 2017 Staff Writer
NEWS RELEASE: BOTSWANA REGISTRAR AGREES TO CHANGE GENDER MARKER FROM FEMALE TO M...

On 4 December 2017, the Registrar of National Registration of Botswana in the case of ND v Attorney General of Botswana and others agreed to issue the applicant with a new identity document that reflects his male gender identity on…

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21 Nov 2017 Tashwill Esterhuizen
SALC IN THE NEWS: PROGRESSIVE BOTSWANA COURT AFFIRMS THAT LEGAL RECOGNITION OF G...

The Daily Maverick Tashwill Esterhuizen For the second time in two years, the Botswana courts have shown themselves to be champions of jurisprudence which acknowledges the rights of lesbian, gay, bisexual and transgender persons and their right to equal protection…

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01 Nov 2017 Staff Writer
NEWS RELEASE: BOTSWANA HIGH COURT SETS HEARING DATE ON CONSTITUTIONALITY OF OFFE...

On 1 November 2017, Judge Leburu of the High Court of Botswana, ordered that the hearing challenging the constitutionality of sections 164(a), 164(c) and 167 of the Penal Code be heard on 22 March 2018. He also ordered that the…

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06 Oct 2017 Kaajal Ramjathan-Keogh
2015-2017 BIENNIAL REPORT...

SALC envisions a region in which domestic and regional courts are strong, independent, and fully functional and in which they uphold and enforce the rule of law and human rights. To that end, SALC works with domestic lawyers in each…

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29 Sep 2017 Staff Writer
NEWS RELEASE: BOTSWANA HIGH COURT RULES IN LANDMARK GENDER IDENTITY CASE...

29 September 2017, Gaborone, Botswana On Friday 29 September 2017, the Lobatse High Court, per Justice Nthomiwa handed down judgment in a case which challenged the refusal of the Registrar of National Registration to change the gender marker on the…

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