Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
Homosexuality is outlawed in 38 African countries. In some countries offenders can be punished with death and in many more with harsh jail sentences. Recent developments in Uganda and Malawi have attracted international attention and once more underlined the precarious human rights situation of lesbian, gay, bisexual, transgender and intersex (LGBTI) people on the continent.
Fuelled by homophobic utterances of political and religious leaders, opposition to homosexuality is often embedded in tradition, religion and culture. Ignoring factual history, non-normative sexual orientations and gender identities are dismissed on the basis that they are Western imports and “un-African”.
The Heinrich Böll Foundation has aimed to empower LGBTI organisations to participate in public life and express the concerns of LGBTI people in the region for many years. It is hoped that this issue of Perspectives will help LGBTI activism in its struggle towards changing Africa into a continent where LGBTI people enjoy the full range of human rights.
What is clear from the articles gathered here is that despite the myriad of challenges and hostile environment there is an ongoing engagement and growing movement towards equality for LGBTI people throughout the continent. So while there may be a long journey ahead, we remain optimistic.