Association - lawyer
coming up,” said the judge.
Nhlabatsi stated that there was nothing wrong with the name of the association, its objects and with being /*%74I . +e said what was wrong was the perception about them. Accord ing to Nhlabatsi, the registrar had the fear of the unNnown and said at the heart of the matter, there was nothing wrong.
-udge 0ajahenNhaba asNed Nhlabatsi if what was common among the /*%74I was sexual orientation and if that was what brought them together. Nhlabatsi said in the main, the judge was correct.
GENDER IDENTITY
+e stated that others said it was gender iden tity. 7he human rights lawyer informed the court that the country¶s &onstitution prohibited discrimination on any ground.
Nhlabatsi said nothing could be advanced to justify discrimination. -udge 0ajahenNhaba said that was an interesting statement. 7he judge also enTuired if µare we being realistic to say there should be no discrimination and leave out the other elements?¶
Nhlabatsi told the court that according to the &onstitution, there could be no ground for discrimination. +e said an organisation must be tied to its objects.
-udge 0ajahenNhaba further asNed if gay men were not encouraged to do whatever they wanted to do, should they be registered. Nhlabatsi told the court that it was just a per ception. “2ne may say they do it anyway,” said Nhlabatsi.
-udge &loete asNed if their objects were to condemn unlawful acts. 7he human rights lawyer told the court that gays and lesbians were &hristians.
“7hey fellowship. 7heir objects are not to commit crime. We have 6ection of the 62'9 Act to deal with that. 7hey are not here to promote sexual immorality.
“)or example, they want to empower health worNers on how to deal with gay men who seeN medical care.”
-udge 3hesheya said %otswana, 6outh Africa and Namibia allowed same sex affairs.
“7here is that trend. I don¶t Nnow how (s watini voted in the 8N for countries to speaN on these issues. 7here is lacN of a pathway and we will sit here and say what we don¶t mean and what we don¶t say on a matter that is not for the court.
“ 7he court reserved its judgment in the matter.