Nothing illegal about objects of LGBTQI+
µµ Nhlabatsi told the court that they wanted to associate in order to pursue their interests and influence issues of policy in the country. He said they were hardly accepted and they remain a minority.
MBABANE – 0embers of the /*%74I say government seems to imagine that they want to associate for se[ual purposes.
7heir attorney, Human 5ights /aw yer Sibusiso 1hlabatsi, made this sub mission yesterday during the hearing of their review application against the decision to refuse to register an association to promote their interests.
7he matter was argued in the Su preme &ourt before -udges 3hesheya Dlamini, 0ajahenkhaba Dlamini, Stanley 0aphalala, 5obert &loete and Acting -udge /uke Simelane.
1hlabatsi said government seeming ly emphasised on se[ual intercourse and ignored the objects of the associ ation they intend to register.
7he human rights lawyer told the court that the lesbian, gay, bise[ual, transgender and interse[ /*%74I members were &hristians and they fellowshipped. He said they were not calling upon the court to legalise what was illegal.
1hlabatsi said the case was simply one for the registration of (swati ni Se[ual and *ender 0inorities (S*0 , an association to advance the interests of the /*%74I com munity, who regard themselves as a gender minority.
He said no valid reasons were given for the refusal to register the associa tion. 1hlabatsi argued that the name of the association or company was reserved and there was nothing illegal about the objects of the association.
TREATMENT
7hese include the reduction of the prevalence of HIV/AIDS in the coun try, seeking eTual opportunity and treatment regarding service delivery and addressing challenges faced by the /*%74I community in their daily lives, among others.
1hlabatsi told the court that they wanted to associate in order to pursue their interests and influence issues of policy in the country. He said they were hardly accepted and they remain a minority.
7he human rights lawyer pointed out that in the fight against HIV/AIDS, government recognised the e[istence of the gender minority because the
State understood that no one should be left out in the fight against the pandemic.
³%ased on that, government recog nises their e[istence and their associ ation should be registered,´ submitted 1hlabatsi.
-udge 3hesheya said many minor ity groups e[isted but that did not Tualify them for the right to auto matic registration. 1hlabatsi said the groupings must prove that they want to associate and their objects must be lawful. -udge 3hesheya said that was part of the problem. 7he judge enTuired if there were anti gay laws in the country.
³7here are so many of these groups. :hat is at the heart of the problem" Is it the name of the association of the objects of the association"´ asked the judge.
RESERVATION
1hlabatsi said the name passed the reservation stage and the registrar of companies did not have an issue with the name.
He said the problem was with the objects of the association. 7he human rights lawyer said one of the objects of the association was to advance the rights of /*%74I community to prevent harm on their wellbeing.
-udge 0ajahenkhaba asked ³:ho are these people"´
1hlabatsi said gays were men se[u ally attracted to other men, gays were women attracted to other women, bise[ual were people attracted to both se[es and described interse[ as being a man or woman ‘trapped in the body of either a woman or man’.
According to 1hlabatsi, there was a wrong perception that the /*%74I community want to use the objects of the association they want to register in order to engage in unlawful se[ual activity.
-udge 3hesheya asked if there was any engagement between the registrar of companies or anyone with the ap pellants /*%74I . 1hlabatsi told the court that there was e[tensive engagement with the registrar. He said the 5egistrar, 0sebe 0alinga, raised concerns and felt he wanted to consult further before making his decision on whether or not to register their association.
7he response by government, which was a letter signed by the registrar, according to 1hlabatsi, was a blanket statement, which did not advance reasons for refusing to register their association.
-udge &loete asked if there was evi dence that the minister of &ommerce Industry and 7rade was consulted and 1hlabatsi said there was the un derstanding that the registrar would consult his principals, and these in clude the minister.
CONSULTED
-udge 3hesheya said the minister was the political head of the depart ment. He said the minister was cited but he did not see where the minister mentioned that he was consulted.
7he human rights lawyer informed the court that the minister was served with the court papers and he delegated his powers to the principal secretary to respond. -udge 3hesheya said, in terms of the legislation, only the minister was to intervene.
-udge &loete asked if it was the name of the association or its objects that was being dealt with. 1hlabatsi said the name was lawfully reserved but the issue was the alleged irrational refusal to register the association. He argued that if the name was reserved, it meant that the registrar was sat isfied.
-udge 3hesheya said if the registrar reserved the name of the association, he would have known what it meant. 7he judge, however, stated that the difficulty was in the name and that was where the story lay.
³7his is not a mysterious name. It states what it stands for. How is the name separate from the objects" :here is the conflict between the name and the objects" 7he name is the story. It carries more. 7he objects do not cover all the elements and because of the comple[ity of the matter, it is unavoidable that the name will keep