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South Africa: Justice Minister Opposes Decriminalization
10/01/1997

On August 22, 1997, the National Coalition for Gay and Lesbian Equality (NCGLE) and the South African Human Rights Commission launched an application in the Witwatersrand Local Division of the High Court to decriminalize adult consensual same-sex sexual relations. On September 15, 1997, Justice Minister Dullah Omar opposed this application and has until October 6, 1997, to state his reasons. The International Gay and Lesbian Human Rights Commission (IGLHRC) is deeply distressed by this apparent retreat from human rights.

Constitutional protection for lesbian, gay, bisexual and transgendered South African citizens has been in place since the institution of the Interim Constitution in 1994. The new Constitution requires the government to bring all laws in line with the spirit and letter of the Bill of Rights as quickly as possible. Indeed, the Cape High Court declared the common law offense of sodomy unconstitutional in early August 1997, the South Africa National Defense Force adopted non-discriminatory policies in November 1996, and the Labor Relations Act of 1995 prohibits unfair workplace discrimination based on sexual orientation.

These legislative changes are consistent with the growing international trend to decriminalize adult consensual same-sex conduct. The South African Constitution set an important international precedent with regard to national legal protections for lesbian, gay, bisexual and transgendered people. The NCGLE is asking for your support in the continuing struggle of South Africa's lesbian, gay, bisexual and transgendered citizens to materialize the full potential of the constitution.

Please write the following officials expressing your support for the NCGLE application:

Minister Dullah Omar

PO Box 15
Cape Town, 8000
South Africa
Fax: +21-452783 or +12-211708
Email: omar@anc.org.za

Ask Minister Omar why he is opposed to the application and whether this reflects the official government position on decriminalization.

Cheryl Carolus
Acting Secretary General
African National Congress (ANC)

PO Box 61 884
Marshaltown, 2107
South Africa
Fax: +11-3360097
Email: carolus@anc.org.za

Ask Ms. Carolus if the ANC is still supportive of lesbian, gay, bisexual and transgender equality, and the work of the NCGLE.

Please send copies of the letters to:

National Coalition for Gay & Lesbian Equality

PO Box 27 811
Yeoville, 2143
South Africa
Fax: +21-4488809 or +11-487-1670
Email: coalcw@iafrica.com or coalmj@iafrica.com