Rights of LGBT Persons

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

  • To act as a legal resource through which it can legally and strategically empower activists, lawyers, paralegals and civil society.
  • 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: Case challenging laws which criminalise same-sex sexual acts.
Malawi: Case challenging sodomy provisions in Penal Code.
Mozambique: Case challenging refusal to register LGBT organisation.
Malawi: Case challenging the arrest of a transgender person on the charge of soliciting for an immoral purpose.
Eswatini: Challenging the refusal to register an advocacy group

Precedent cases:

Botswana: Two cases challenging State’s refusal to change gender marker of transgender persons.
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.

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