Mbabane – Eswatini’s top court on Friday ruled in favour of an LGBTQ group seeking official recognition, in a victory for activists in Africa’s last absolute monarchy where same-sex relations are banned.
The supreme court in the capital Mbabane unanimously quashed an earlier ruling that had rejected a bid from the nation’s leading LGBTQ rights group to be formally registered as a non-profit organisation.
“This is a monumental judgement and a constant reminder to the executive to exercise its powers with restraint and pay close attention to the rights and liberties of every citizen,” Melusi Simelane, who brought the case on behalf of the Eswatini Sexual and Gender Minorities (ESGM) group, said in a statement.
ESGM was refused registration in 2019 on grounds that its purpose was to promote illegal acts, according to the Southern Africa Litigation Centre (SALC), a legal group representing the activists.
ESGM appealed the decision, arguing that while gay sex is banned, being gay and campaigning to protect LGBTQ rights are not a crime.
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A court ruled against the group in 2022, but the campaigners won in appeal on Friday, with the supreme court declaring the registrar’s decision to refuse registration “null and void”.
The judges referred the matter to the government, giving it 60 days to reconsider the application anew.
“It’s a good and fair move. All emaswati (the people of Eswatini) should feel appreciated in their very own country despite diversity,” an LGBTQ activist who preferred not to be identified told AFP.
In the small, impoverished state of 1.2 million people, gay couples cannot marry or adopt children.
The verdict comes before parliamentary elections due to be held on September 29 that are unlikely to change the political landscape.
A small landlocked country, Eswatini has been ruled since 1986 by King Mswati III, who has been criticised for an extravagant lifestyle and regularly accused of human rights violations.
The king, who can dissolve parliament, the government and appoint or dismiss judges, also commands the police and army.
In 2021 dozens of people were killed as police violently quashed demonstrations calling for democratic reforms.
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Source: AFP
Picture: Pexels
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