Those behind the Bill have claimed that only international organisations and western bodies are against the Bill. We believe that this campaign will demonstrate that civil society organisations throughout the length and breadth of Africa will stand together as one for the human rights of all Africans.

Kind regards

Howard Varney

STATEMENT BY AFRICAN CIVIL SOCIETY

We, the individuals and organisations from African countries listed hereunder, recognise the universality of the human rights of all persons.

We affirm that the right of men and women to have same sex relationships is a fundamental human right.

We are further guided in the knowledge that all forms of discrimination, in particular against vulnerable groups, undermine the human dignity of all in Africa.

We are therefore profoundly disturbed by the nature, content and potential impact of the Anti-Homosexuality Bill (“the Bill”) that was recently tabled in and is currently being considered by the Parliament of Uganda.

We believe that the Bill, if enacted, will cut deeply into the fabric of Ugandan society by–

· Violating the rights of an already vulnerable and severely stigmatised group of persons by attacking their dignity, privacy and other constitutionally protected rights;

· Disrupting family and community life by compelling everyone, by the threat of criminal sanction, to report those suspected of engaging in same-sex sexual activity;

· Seeking to withdraw Uganda from the family of nations by reneging on the country’s international law obligations;

· Undermining public health interventions such as HIV prevention, treatment, care and support;

· 

Promoting prejudice and hate and encouraging harmful and violent action to be taken against those engaging in same sex relations.

We also call on African governments and the African Union to call on the President and Government of Uganda to withdraw the Bill and to respect the human rights of all in Uganda, without exception.

Testing Democracy: Which way is South Africa going?

For electronic copy of index click here.

This report from the Institute for Democracy in South Africa (Idasa) suggests that South African democracy is developing slowly, stagnating in many areas and actually regressing in others. South Africa scored 5,8 on a scale of ten. Idasa’s Democracy Index rates any score below five as unacceptable, and any score above eight as being “as close to the democratic ideal as possible”. To order hard copies of this publication, contact the co-editors: Neeta Mirsa-Dexter nmirsadexter@idasa.org.za Judith February jfebruary@idasa.org.za Tel: 021 467 7601

We demand JUSTICE without delay tactics!
>> Court dates set from 15 – 19 March 2010 <<

We, the partners of the Western Cape 070707 End Hate Campaign, DEMAND JUSTICE FOR ZOLISWA NKONYANA and many nameless and faceless women and other vulnerable Lesbian, Gay, Bisexual, Transgendered and Intersex persons who have been raped, assaulted, victimized, shamed and killed for choosing to live their lives authentically and out – thereby challenging hetero-normative values, heterosexist attitudes and patriarchal sites of power in society!

A march will commence at 10h00 from the Khayelitsha TAC offices to the Khayelitsha courts:  TAC Office: Nonkqubela Centre Site B (next to pharmacy opposite Site B Hall – at the Nonkqubela train station)

The march will be attended by the Coalition to End Discrimination, Treatment Action Campaign, Social Justice Coalition, Freegender, Triangle Project, Out In Africa Gay & Lesbian Film Festival, Cape Town Pride and other organisations and individuals.

• GETTING THERE

Buses will leave from UCT Lower Campus (Chapel Rd between Rosebank Methodist Church, and Tugwell Residence) at 09:30. Those travelling with their own transport can rendezvous with the bus and follow us to Khayelitsha.

Directions to court:

Take the N2 – Spine Road turnoff into Khayelitsha. Follow Spine Road and continue across Lansdowne Road till the traffic circle turning left into Walter Sisulu Road. Continue through the next traffic circle – the court buildings will be on your left on the corner of Walter Sisulu & Steve Biko Roads.

Please bring along posters and please feel free to wear t-shirts representing your organisation or with appropriate messaging. The court proceedings commences at 08h30. Various alliance representatives will be monitoring the trial of the 9 accused of murdering Zoliswa Nkonyana.

WE WANT ALL HOMOPHOBIC CRIMINALS AND THOSE ACCUSED OF GENDER-BASED VIOLENCE CONVICTED!
WE WANT TO CELEBRATE THE VALUES OF EQUALITY, JUSTICE, FREEDOM AND DIGNITY ENSHRINED IN OUR CONTITUTION!
WE WANT SAFETY IN ALL OUR COMMUNITIES!
WE WANT AN END TO THE BRUTAL RAPE AND KILLING OF WOMEN, LESBIANS, FOREIGN NATIONAL AND HIV+ PEOPLE.
WE WANT JUSTICE FOR ZOLISWA AND ALL OTHER ACTIVISTS WHO DIED IN SIMILAR CIRCUMSTANCES!
WE WILL NOT TOLERATE ANY DELAY TACTICS BY THE DEFENSE!
WE WANT JUSTICE TODAY!

For more information call:

WC 070707 End Hate Campaign Convener – Marlow Valentine: 021-4483812 / 0836685935
endhate@triangle.org.za / deputydirector@triangle.corg.za

The Commission for Gender Equality: Keegan Lakay: 021-4264080 / 0838781386
keeganl@cge.org.za

Women’s Legal Centre – Cherith Sanger: Tel: (021) 424 5660
Cherith@wlce.co.za

17 FEBRUARY 2010

Appointment of Judge MM Joffe as the Director of the newly established South African Judicial Education Institute Braamfontein

The Council of the South African Judicial Education Institute resolved to appoint the South Gauteng High Court Judge MM Joffe as its first Director who will commence his duties on March 1, 2010. Notwithstanding his secondment, Judge Joffe will complete all judicial matters presently serving before him.

The South African Judicial Education Institute was established by Act 14 of 2008. The purpose of the Institute is to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts by providing judicial education for judicial officers.

In carrying out this function the Institute is primarily directed and controlled by the judiciary. In carrying out its purpose the Institute will provide education and training for aspirant and newly appointed judicial officers. It will further provide on-going legal education and training for experienced judicial officers. 

The Act provides for the appointment of a Director who is to be responsible for the general administration of the Institute and who is to manage and direct the activities of the Institute subject to the direction of the Institute’s Council which is responsible for the governance of the Institute. The Chief Justice is the chairperson of the Council and the Deputy Chief Justice is the chairperson of the Executive Committee of Council.

As is evident by his appointment, the Council reposes much confidence in Judge Joffe’s ability in carrying out the functions of Director. The Council extends to Judge Joffe its best wishes and anticipates a rewarding association to the benefit of judicial education and the stature and dignity of the South African Judiciary.

Issued by the Office of the Chief Justice, Sandile Ngcobo Constitutional Court of South Africa Braamfontein, Johannesburg

For more information contact: Phenyo Nonqane Tel: 0123574528 Fax: 0866401359 E-mail: pnonqane@justice.gov.za

The Anglican Church of Southern Africa

Uganda’s Anti-Homosexuality Draft Bill

We, the Bishops of the Anglican Church in Southern Africa, meeting at Thokoza Conference Centre, Swaziland, from 8 to 12 February 2010, are disturbed by the debate among Ugandan law-makers of a draft bill that seek to criminalize homosexuality and to prosecute gay people. It even proposes imposing the death penalty, which we regard as a breach of God’s commandment, “You shall not murder,” given in Exodus 20:13.

We also deplore the statement, attributed to our fellow Bishop, describing those who are opposed to this legislation as “lovers of evil”. Though there are a breadth of theological views among us on matters of human sexuality, we see this Bill as a gross violation of human rights and we therefore strongly condemn such attitudes and behaviour towards other human beings. We emphasize the teachings of the Scriptures that all human beings are created in the image of God and therefore must be treated with respect and accorded human dignity.

We are therefore also deeply concerned about the violent language used against the gay community across Sub-Saharan Africa. We thus appeal to law-makers to defend the rights of these minorities. As Bishops we believe that it is immoral to permit or support oppression of, or discrimination against, people on the grounds of their sexual orientation, and contrary to the teaching of the gospel; particularly Jesus’ command that we should love one another as he has loved us, without distinction (John 13:34-35).

We commit ourselves to teach, preach and act against any laws that undermine human dignity and oppress any and all minorities, even as we call for Christians and all people to uphold the standards of holiness of life. We call on all Christians to stand up against this Bill so that its provisions do not become law in Uganda or anywhere else in the world.

We also call on our President and law-makers to engage in dialogue with their counterparts on the rights of minorities.

Note for Editors: The Province of the Anglican Church of Southern Africa comprises Angola, Lesotho, Mozambique, Namibia, South Africa, Swaziland, St Helena and Tristan da Cunha.

Issued by the Office of the Anglican Archbishop of Cape Town Inquiries: Cynthia Michaels on 021- 763-1320 (office hours)

When 13h00, Friday, 12 FEBRUARY 2010

Where Outside Parliament (Plein Street, Cape Town)

What Please bring placards and completed petitions, and water!

A document will be handed over to a representative (as yet unnamed) of the Department of Foreign Affairs.

Contact persons: Laura Aukamp 072 512 1886 / Glenn de Swardt 021 425 6463

THE MASSMART SCHOLARSHIP PROGRAMME

Massmart is a leading South African retailer.  The organisation is committed to sustainable development, constitutional values and good political governance and seeks to establish a prestigious scholarship programme at the University of Cape Town. 

Massmart intends that the Scholarship Programme will build up a consortium of excellent scholars/researchers who are already employed in public service, in national or provincial government, or in a constitutional statutory body and who will continue to work in their specific field following achievement of the required degree.

It is envisaged that the scholarship programme would enhance the professional career of the successful candidate, who would be required to register at the University of Cape Town in the Democratic Governance & Rights Unit (DGRU) for the LLM or MPhil degree, in order to study in the area of: (1) Rule of Law and Constitutionalism and/or (2) New Rights and Governance. 

The scholarship is available to excellent South Africans who would register as specified above for either a full-time or a part-time academic degree programme.  The terms of reference and conditions of award of the Massmart Partnership Scholarship programme are as follows:

Value:  Full-Time Study

R100,000 per annum

Value: Part-Time Study

R25,000 per annum

Note: The successful candidate will be required to work at the Democratic Governance Rights Unit one day per week for 40 weeks of the year. Separate remuneration of R25,000 will be paid in respect of this employment.

Tenure; One or  two years,depending on degree programme.

Conditions of Award:

Successful incumbents will be required to:

• comply with the Policies and processes surrounding postgraduate funding at the University of Cape Town
• enter in a Memorandum of Understanding with the University of Cape Town’s DGRU.  The MoU will set out the scholarship holder’s coursework requirements, research project and deliverables; the time-frame for completion in each case, and the required research outputs.
• provide the required bi-annual reports reflecting academic progress
• remain in the employ of her/his present employer for a minimum of 3 years following completion of the degree programme.

Application procedure. 

• a full CV with details and proof of current employment
• original or certified copies of academic transcripts;
• two letters of reference from professional persons, at least one of which should be from any academic with whom the applicant has worked/been taught.  
• a draft Research proposal setting out the areas of methodology and the time-frame for the specific phases of the research, both of which should be approved by the prospective supervisor.  

APPLICATIONS SHOUD REACH PROFESSOR R CALLAND OF THE DGRU (Democratic Governance & Rights Unit) Public Law Department, Faculty of Law, UNIVERSTIY OF CAPE TOWN  BY NO LATER THAN 25 FEBRUARY 2010

ENQUIRIES: 021 650 2011 Email: Richard.Calland@uct.ac.za

22 January 2010

 Att:      President Yoweri Museveni

            National Resistance Movement

c/o       Ugandan High Commissioner Kweronda Ruhemba
Trafalgar, Apartment 35 B 634 Park Street , Arcadia 0083
 Pretoria
 Tel: +27 012 344 4100
 Fax: +27 343 2809     rkweronda@telkomsa.net

Dear President Museveni and leaders of the National Resistance Movement

THE UGANDAN ANTI-HOMOSEXUALITY BILL VIOLATES HUMAN RIGHTS

We, the undersigned, are a group of organisations and individuals from South Africa deeply concerned about the “Anti-Homosexuality Bill” (2009) currently tabled before the Ugandan parliament, as well as sections 145, 146 and 148 of the Penal Code of Uganda that criminalises homosexual relations. For instance, section 145 of the existing Penal Code Act (1950) imposes a life sentence for consensual sex between adults of the same sex.. The proposed Bill goes much further and includes the death penalty for similar offences.  The original Penal Code was introduced by the British Colonial Administration.

This letter is written as an appeal to you in your capacity as leaders of the National Resistance Movement (NRM), the majority party in the Ugandan parliament.  We urge that the NRM campaigns for the proposed Bill to be withdrawn and that  consensual same-sex relations be decriminalised in the Republic of Uganda. These laws deliberately persecute individuals on the basis of their sexual orientation.

As organisations and individuals we do not presume to instruct the Ugandan Parliament but we wish to point out that these laws are human rights violations and they affect every person on the African continent and around the world. 

SOCIAL COHESION: UGANDA AND BEYOND

The Anti-Homosexuality Bill purports to defend Ugandan family life, culture and society against the threats of homosexuality. Persecution of homosexuals and other sexual minorities will not achieve this aim. We support efforts by the Ugandan government to promote social cohesion including strengthening family bonds and parental care. These objectives are not incompatible with the right of lesbian, gay, bisexual, transgender and inter-sex people to equality before the law. Every country on our continent faces potential social instability based on the mass unemployment of young people and poverty which has caused social conflict and displacement across the region. We believe this is the real force tearing at the social fabric. This is true for Uganda as much as for South Africa.  Family life and social cohesion in Sub-Saharan Africa has also been weakened through the HIV epidemic with the passing of many adults leaving our children destitute and many the heads of their households. Violence against children and women is not only a violation of their rights but further undermines family life across the continent.  We experienced this in South Africa in the despair of youth and poor people which fuelled the xenophobic violence of 2008, leaving many refugees and migrants from other African countries dead and hundreds of thousands displaced. Such intolerance directed at groups of people indicates a dangerous lack of social cohesion.  Globally unfair trade and labour practices further undermines the dignity of our working people in Africa, limiting their job opportunities and restricting internal government revenues.  Each of us on the African continent must help our governments and peoples to overcome these social inequalities and human rights violations. Cruel persecution of lesbian, gay bisexual, transgender and inter-sex people may be a useful diversion but it sets a pattern for lawless behaviour that is undermining legality as well as the freedoms and rights of all people.

UNJUST LAWS, THE CONSTITUTION OF UGANDA AND INTERNATIONAL LAW

We all have a basic human right to personal security and psychological integrity and freedom and this includes the right to form loving relationships irrespective of sexual orientation.   The proposed Bill and existing Penal Code promotes and sponsors hate crimes against lesbian, gay, bisexual, transgender and inter-sex persons.  Homophobia is no different from racism, tribalism, xenophobia or sexism as an irrational prejudice which encourages hatred and violence.

The equation of homosexuality with bestiality or paedophilia is misguided and an unjust stereotype. These practices are committed by a minority of people of all sexual orientations.  We support the prosecution of rapists and paedophiles irrespective of their sexual orientation or social status.

The proposed Bill and Penal Code are also irreconcilable with universal and African values of dignity, equality and freedom. The existing Penal Code punishes homosexuals with possible life imprisonment and to this the new Bill would add the death penalty for amongst others the most basic and private expression of their sexual identity. People living with HIV/AIDS who are homosexual would also face the death penalty for engaging in sexual relations.  It is not simply the death penalty that is unacceptable in this case but the very fact of criminalising the identity of lesbian, gay bisexual, transgender and inter-sex people on the basis of their sexuality.

Professor Sylvia Tamale (Dean of Law at the University of Makerere) argues that the Bill is in conflict with the Constitution of Uganda and international instruments such as the African Charter of Human and Peoples’ Rights and the Universal Declaration of Human Rights.  We agree with her analysis. The Bill places Uganda outside of international law and therefore undermines confidence in its entire system of foreign relations.  However, the flagrant abuse of lesbian, gay, bisexual, transgender and inter-sex human rights and the deliberate incitement of hate would place Uganda among legal systems with no justice. This could not be the objective of the national Resistance Movement or any other political party in Uganda.

Professor Tamale holds that the proposed death penalty, life sentences and potential for blackmail of lesbian, gay, bisexual, transgender and inter-sex people undermines individual rights and family life.  She argues that the Bill goes much further than the unjust colonial Penal Code. Privacy, trust and confidentiality are destroyed as those who know a homosexual would be liable for imprisonment for up to three years if they do not report that person to the police. This places counsellors, priests, doctors or teachers who are sworn to uphold confidentiality in an impossible position.  In addition, the Bill would punish all those involved in research or advocacy of  issues pertaining to sexual orientation for up to 7 years in prison.

South Africa has seen the devastating and inhumane effects of state-sponsored discrimination and hate crimes.  The family life of African people was criminalised through the pass laws. People in South Africa remember with deep regret and sadness that barely 20 years ago inter-racial sexual relations were decriminalised as they too were once seen as a threat to society and the family unit. As we move away from this shameful past and learn that a person’s sexuality goes to the core of their dignity, privacy, identity and freedom, we ask you not to entrench the colonial laws against private, adult same-sex relationships.

The Uganda Constitution protects freedom, equality and dignity for all and we urge you to respect this. We ask your Parliament to withdraw this Bill and to amend the Penal Code to respect the dignity, equality and privacy of lesbian, gay, bisexual, transgender and inter-sex people. Chapter 4 section 36 of the Ugandan Constitution calls for the protection of the rights of minorities. Homosexuals must be protected because they are vulnerable, endure hate, stigma, prejudice and state-sponsored discrimination.

Uganda has been through civil wars and dictatorship. Today, it has created a stable democracy. The Anti-Homosexual Bill (2009) will take Ugandan society and all of Africa back in the direction of hate, tribalism, regionalism, xenophobia, sexism and war. Our tasks are to overcome the real deprivations caused by hunger, ill-health, unemployment, unequal education, violence, unfair trade and labour practices. These are the real factors tearing at our social fabric, not the existence of homosexuals who have formed part of all societies at all times.  These are the tasks for which all our governments including the government of Uganda must provide leadership – not the persecution of lesbian, gay, bisexual and transgender people.

We look forward to working with your government and to a speedy resolution of this painful interlude in the struggle for the dignity of every person in Africa.

Sincerely,

INDIVIDUALS

ORGANISATIONS

The AIDS Law Project

Community Media Trust

Free Gender

The Lesbian and Gay Equality Project

Lesbigay University of Stellenbosch

Social Justice Coalition

Rainbow University of Cape Town

Treatment Action Campaign

Dear Friend,

Just seven days ago, an earthquake measuring 7.0 on the Richter scale struck about 15 kilometres southwest of the Haitian capital, Port-au-Prince, causing massive devastation, injury and loss of life.

Senior Médecins Sans Frontières / Doctors Without Borders (MSF) staff member in Haiti, Stefano Zannini, describes the aftermath: “The situation is chaotic. I visited five medical centres, including a major hospital, and most of them were not functioning. Many are damaged and I saw a distressing number of dead bodies. Some parts of the city are without electricity and people have gathered outside, lighting fires in the street and trying to help and comfort each other.”

This event is truly devastating. As a FRIEND of MSF in South Africa, I’m sure you will be interested in the action MSF is taking.

When natural disasters such as earthquakes hit impoverished states like Haiti, the consequences are often catastrophic with higher numbers of causalities and dire needs for humanitarian support because local authorities are ill-equipped and left without resources.

MSF doctors, nurses, surgeons and logisticians in Haiti are working around the clock fighting against the odds to save lives. Our teams have already treated over 3,000 patients who were in urgent need, while our surgeons have completed over 400 surgical procedures. Our medical staff is treating open wounds, fractured bones, amputations and severe burns. Logisticians are setting up a field hospital with operating theatres and capacity for 100 beds. More is being done and MSF teams will continue to work uninterrupted.

We are now asking donors and supporters to give to our Emergency Relief Fund. These funds ensure that our medical teams can continue their much needed emergency interventions in Haiti and during other emergencies and crises the world over.

Your gift via this website will be earmarked for our Emergency Relief Fund.

Visit www.msf.org.za NOW or send a SMS with your name to 42114 and donate R30.

Or CALL US 011 403 4441/ 011 403 4440 or make a direct deposit or electronic bank transfer to:

Thank you. I will keep you updated with more information on our work in Haiti as the situation becomes clearer.

Please forward this email to your friends, colleagues and family. Help us to save more lives!

Yours sincerely,

Sharon Ekambaram
General Director
Médecins Sans Frontières South Africa

JUDICIAL SERVICE COMMISSION

MEDIA ANNOUNCEMENT

Judicial Vacancies

Meeting of the Judicial Service Commission 12-16 April 2010

The Judicial Service Commission invites nominations to fill vacancies as Judges in the following Courts:

(1)         North and South Gauteng High Court

One vacancy (Deputy Judge President)

(2)         North and South Gauteng High Court

Six vacancies

(3)         Limpopo High Court ( formerly Venda High Court)

One vacancy

(4)         KwaZulu–Natal High Court

One vacancy (Judge President)

Two vacancies (Judges)

(5)         Western Cape High Court

Three vacancies

(6)         Eastern Cape Division

One vacancy (Judge President)

Eastern Cape (Mthatha)

One vacancy

Eastern Cape (Grahamstown)

Three vacancies

Eastern Cape (Port Elizabeth)

One vacancy

(7)         North West High Court

One vacancy (Judge President)

(8)         Labour Appeal Court

Six vacancies

(9)         Labour Court

Three vacancies

(10)     Labour Appeal Court and Labour Court

One vacancy (Judge President)

Nominations must be accompanied by the nominee’s written consent and the standard questionnaire completed and signed by the nominee.

If any judicial vacancy arises between the date of this notice and the dates on which candidates are interviewed, the Judicial Service Commission may, after the interviews, fill such vacancy if it considers that suitable candidates are available.  This is to avoid the situation which has arisen in the past when, despite the availability of suitable candidates, no appointments could be made to fill vacancies which had occurred subsequent to the notice calling for nominations.  Consequently, in making nominations, regard should be had to the possibility that more judicial vacancies may occur than have been advertised.

I wish to emphasize the following points:

1.      Interviews with short-listed candidates will be conducted in public, i.e. members of the public and the media will be entitled to be present.

2.      It is open to persons or bodies nominating candidates to motivate their nominations by referring the Commission to the candidate’s qualifications and general fitness for appointment.

3.      The questionnaire must be accompanied by the standardised “clearance certificate” which the candidate is required to obtain from his/her professional body regarding the candidate’s professional status within that body, his or her suitability for appointment to the Bench and the nature of any disciplinary proceedings completed or pending in respect of the relevant candidate.

4.      Nominations must be addressed to and reach the Secretary of the Commission not later than Friday 05 February 2010 at 16h00.

The meeting of the Judicial Service Commission and the interviewing of shortlisted candidates has been scheduled to take place at the Twelve Apostles Hotel, Cape Town from 12-16 April 2010.

Applications must be addressed to:

Ms. Vuyelwa Masangwana

Constitutional Court

Private Bag X1

Constitution Hill

Braamfontein

Johannesburg

2017

Tel: (011) 359 7570/7537

Fax: (011) 403 5964

Fax2Email: 086 649 0944

____________________________________

S S Ngcobo

Chief Justice of South Africa

Chairperson: Judicial Service Commission