Africa
Namibian Supreme Court hears three LGBTQ rights cases
Consensual same-sex sexual relations remain criminalized

The Supreme Court of Namibia will soon issue rulings in three pivotal cases involving LGBTQ and intersex people that will set a precedent for the recognition of same-sex marriages and spousal immigration rights for non-Namibian partners.
Furthermore, a case is soon to be heard in the country’s high court that will challenge the southern African nation’s antiquated sodomy law.
These cases have incited public debate around LGBTQ and intersex rights in a country where homosexuality is a controversial and polarizing subject.
This is the first time since 2001 that Namibia’s highest court will hear cases regarding same-sex relationships. It is also the first time the high court will hear arguments regarding the sodomy law.
The first hearing, which took place on March 3, was the joint cases of Digashu and Seiler-Lilles versus the government.
The applicants — both foreign nationals married to Namibian citizens — in both cases are seeking recognition of their marriages concluded outside Namibia in order to access spousal immigration rights such as permanent residence and employment authorization.
The second hearing, which took place on March 6, was in the case of a Namibian man married to a Mexican man seeking citizenship by descent for their children born via surrogate. The government has demanded DNA testing to prove that the Namibian national is the biological father to the children.
In the last case, a gay Namibian man is not only challenging the constitutionality of the country’s sodomy law but also the prohibition of “unnatural sexual offenses.”
While the cases represent a crucial moment for the country’s LGBTQ and intersex community and their rights, individual people and families fighting a fight bigger than they had foreseen are at the center of these cases.
Marriage, immigration and the law
South African citizen Daniel Digashu married Namibian national Johann Potgieter in South Africa in 2015. The couple and their son moved to Namibia in 2017.
While the move was favorable for the family, the law around same-sex marriage was not.
Digashu’s first encounter with the Home Affairs and Immigration Ministry was not to have them officially recognize his marriage. He was applying for a permit allowing him to work in the country in the company that he jointly started with his husband.
“We’ve always had a dream to live on a farm and run this tourism company. We registered the company first, about six months before we officially moved,” Digashu said.
He said the ministry advised him against applying for permanent residency because the country does not recognize his marriage. Officials instead told him to seek a work permit.
Despite assurances from the ministry’s personnel, the application was denied. Digashu filed an appeal, and that was denied too.
From this moment to today, Digashu has lived a life in limbo.
Due to the ongoing court cases, he is able to renew his visitor’s visa every few months. This, he said, comes with exhausting administrative costs that legal fees exacerbate.
Digashu said the process has put psychological, emotional and financial strain on his family.
“Prior to finding funding it had been quite difficult financially. It is not something that a lot of people would afford. I don’t think we even could afford it. That’s why we sought out and looked for funding and luckily we found that,” he said.
As they await the judgment of their hearing, everything remains the same for Digashu and his family: His husband remains the sole breadwinner as Digashu himself still cannot work.
Namibian citizen Anette Seiler and her German wife Anita Seiler-Lilles face the same dilemma.
Neither expected to become cornerstones of the advocacy around marriage equality and LGBTQ and intersex rights in Namibia.
“We didn’t plan to come to Namibia in the early 2000s,” said Seiler. “We thought we might want to come back when Anita didn’t have to work anymore, and that would be many years later. So, we didn’t think so much in terms of gay rights in Namibia at that time.”
“It was a very personal thing for us to get married. We were not active in Namibia or Germany in the gay community,” she added.
Both couples have received copious amounts of support from the local LGBTQ and intersex community and civil society as they fight to be afforded the same spousal rights that would be granted to opposite-sex couples.
Citizenship by descent and the right to family
As Namibia grapples with the recognition of same-sex marriages, the right to family and protections of them is another matter that has come under scrutiny.
Namibian citizen Phillip Lühl and his husband, Mexican national Guillermo Delgado, are fighting for their children born via surrogacy to be granted Namibian citizenship by descent.
Delgado and Lühl say they are fighting for their children’s birthright.
While both fathers are listed on the children’s South African birth certificates, the Namibian government has demanded DNA proof that Lühl is the biological parent of the children.
“The fact is that any other South African birth certificate is accepted but in our case it’s not because we’re of the same sex. In the case of a heterosexual couple, nobody will ever ask for any proof or dispute the validity of the document, but in our case it is,” Lühl said.
The children have been granted Mexican citizenship by descent after a rigorous process that ended with the country’s Foreign Affairs Ministry granting it.
“They initially were not favorable but concluded that Mexico would recognize a process that was duly and procedurally done in a constituency that they recognize, namely South Africa,” Delgado explained.
The family nevertheless plans to stay in Namibia and continue to fight the government for their children’s birthright and the recognition of their family.
Their case scrutinizes the ambit of the Namibian Constitution, which affords all its citizens protection against discrimination and the right to family.
‘Apartheid-era’ sodomy law
In the final case, Namibian gay activist Friedel Dausab has filed a constitutional challenge against the common law crime of sodomy and the prohibition of “unnatural” sexual acts.
Dausab brought a case against the government in June 2020 stating that the law promotes stigma and exclusion, and instigates the criminalization of consensual same-sex sexual acts between men.
Dausab argues that the offenses under the law are incompatible with the constitutional rights to equality, dignity, privacy, freedom of association and freedom of expression. He also argues that the crime of “unnatural sexual offenses” is too vague to be compatible with the constitution.
“I am challenging these laws as a lifelong and dedicated activist because I am acutely aware that criminalization is a clear obstacle to living a full, open, honest and healthy life,” he said.
Namibian Attorney General Festus Mbandeka in a recent affidavit he submitted to the high court said same-sex sexual conduct is immoral and unacceptable to many Namibians. Mbandeka further denied the existence of the sodomy law stigmatizes gay men.
“If these men suffer any stigma it is in consequence of their choice to engage in sexual conduct considered to be morally taboo in our society,” Mbandeka said.
While it is reported that 64 sodomy-related arrests were made between 2003-2019, the offenses are rarely enforced. The country’s Criminal Procedure Act 51 of 1977 nevertheless lists “sodomy” as a Schedule 1 offense.
The U.K.-based organization Human Dignity Trust says this listing means that either a police officer or an ordinary citizen can arrest anyone who is reasonably suspected of having committed the offense without needing a warrant. It is legal to use lethal force to kill them if the suspect attempts to evade arrest.
Namibia remains one of the few countries in southern Africa that is yet to abolish its sodomy law. Angola, Botswana, Lesotho, Mozambique and South Africa have already done so.
South Africa
South Africa groups offer muted response to president’s pledge to protect LGBTQ rights
Cyril Ramaphosa gave State of the Nation speech on Feb. 6

Several South African advocacy groups say they are not moved by President Cyril Ramaphosa’s pledge to protect LGBTQ rights during the State of the Nation speech he delivered in Cape Town on Feb. 6.
“As South Africans, we stand for peace and justice, for equality and solidarity. We stand for non-racialism and democracy, for tolerance and compassion,” said Ramaphosa. “We stand for equal rights for women, for persons with disability and for members of the LGBTQI+ community.”
Even though the president made the proclamation, LGBTQ South Africans continue to face hate crimes that often end in the loss of life, despite laws that include the Preventing and Combating of Hate Crimes and Hate Speech and the prohibition of discrimination based on sexual orientation enshrined in the constitution.
In addition, U.S. President Donald Trump’s 90-day moratorium on nearly all American foreign aid has impacted several LGBTQ organizations in South Africa.
“The cut in funding has really made a negative impact towards the way we run the organization,” said Sibonelo Ncanana, civil society engagement officer for OUT LGBT Well-Being. “It’s more of a malfunction we are witnessing, so what the president said last Thursday has little relevance due to the ongoing predicament we are encountering.”
Bruce Walker, convenor of Pretoria Pride, said he appreciated Ramaphosa’s comments about the protection of LGBTQ rights, but added they were mere grandstanding.
“We really appreciate him saying this and it’s a good thing for an African leader to speak out about the rights of the LGBTI community. LGBTI rights are in our Bill of Rights and constitution,” said Walker. “However, the president’s utterances were just pure window dressing because the current government refuses to condemn the treatment of LGBTI communities in Africa, and are very quiet on the imprisonment and execution of LGBTI people in the world but fight and spend millions to condemn Israel.”
Iranti nevertheless said it expected the president to stay true to his word and ensure the rights of the LGBTQ community are protected as the country’s constitution outlines.
‘President Ramaphosa affirmed that he stands with members of the LGBTQIA+ community, a very important act as we witness a regression of LGBTQIA+ rights and the growth of anti-gender movements across the globe,” said Iranti. “We urge the president to follow up on this commitment, with concrete strategies and actions that will improve the lives of LGBTQIA+ people in South Africa.”
South Africa is the only African country that constitutionally recognizes LGBTQ rights. Many South Africans, however, do not recognize the LGBTQ community because of cultural and religious beliefs and the idea that homosexuality is a Western import.
The suspension of nearly all U.S. foreign aid has impacted the Uthingo Network, OUT LGBT Well-Being, Iranti, and other advocacy groups. Trump on Feb. 7 signed an executive order that limits American financial assistance to South Africa because of the Expropriation Act that Ramaphosa signed last month.
Though the Expropriation Act involves compensation, some of the land the government has deemed of public interest — for infrastructure projects, public service expansion, and environment conservation — can be expropriated without permission. Trump said the law violates South Africans’ rights.
Kenya
Kenyan president defends Trump executive order on two genders
Advocacy groups criticized William Ruto’s Jan. 26 comments

Kenyan President William Ruto is facing backlash for backing U.S. President Donald Trump’s executive order that recognizes only two genders: Male and female.
Ruto’s support for Trump’s decision to ban transgender people from serving in the U.S. military and competing on women’s sports teams has drawn criticism from human rights defenders, lawmakers, lawyers, and intersex activists.
Ruto’s critics cite Kenya’s 2022 landmark decision to officially recognize intersex people as the third gender with an “I” gender marker after years of court battles for recognition and their inclusion in a national Census for the first time in 2019.
“We are very proud that contrary to what has been happening in the past, this year we got some very welcoming developments in the United States that as a leading democracy, we have gotten to understand that the policy direction of the U.S. supports what we believe in,” Ruto stated during a Jan. 26 speech at the Global Cathedral Church’s annual convention in Nairobi. “Boys must remain boys, men must remain men, women must remain women and girls must remain girls.”
Ruto’s position to side with Trump on sex and gender identity contradicts his previous stance during the Biden-Harris administration when he was cautious about speaking about transgender and queer rights in order not to jeopardize his relationship with Washington.
Trump on Jan. 21 signed an executive order that directed the U.S. federal government to only recognize male and female genders. This directive revoked the Biden-era policy that recognized trans rights and allowed trans servicemembers.
Trump on Feb. 6 signed another executive order that bans trans athletes from competing on female sports teams
“The war on women’s sports is over,” he said.
“We’re putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding,” Trump warned. “From now on, women’s sports will be only for women.”
His executive order relies partly on the U.S. Justice Department’s authority to bring enforcement actions under Title IX, which bars sex discrimination in education and requires schools to offer girls an equal opportunity to play sports. The law, under Trump’s interpretation, forbids trans girls from playing in girls’ sports.
Trump in 2017 banned trans people from serving openly in the U.S. military.
“We thank God that this year the first very news from the U.S. in the new administration is to confirm what the Bible says, what our faith believes in, and what our tradition firmly is grounded on,” Ruto said in his speech.
The Kenya National Commission on Human Rights (KNCHR), a government-funded body, described Ruto’s comments as “embarrassing and unfortunate.”
“In Kenya, the law is very clear and the Children’s Act recognizes the intersex because they are unique persons as they have no issues based on sex identity or gender orientation,” said an intersex rights activist who asked the Washington Blade to remain anonymous. “His sentiments are likely to increase stigma against the intersex persons and if they are discriminated against, anyone will just go to court because they are also protected by the law.”
Esther Passaris, an opposition MP who represents Nairobi County, maintained there are not two sexes in Kenya.
“Let’s face it, we have intersex children with two or incomplete sexes. These children require our love as a society,” she said. “Let God deal with the genders.”
Since the recognition of intersex people, several policy measures to tackle discrimination have been implemented to ensure their protection and equal treatment.
Kenya last week officially recognized intersex people at birth, allowing them to receive birth certificates with an “I” gender marker. The KNCHR described this decision as “a historic milestone” that aligns with the Kenyan constitution and other existing policy measures that include the Children Act and the proposed Intersex Persons Bill, 2024.
“This is a major step towards securing rights, dignity, and equal opportunities for all intersex persons in Kenya,” KNCHR stated.
KNCHR asked Kenyans, state, and non-state institutions to support awareness, policy reforms, and the inclusion of intersex people for the latest reform to be implemented successfully.
Africa
Suspension of US aid forces PEPFAR-funded programs in Africa to close down
Funding freeze is ‘matter of life and death’

The suspension of nearly all U.S. foreign aid has forced a number of programs that the President’s Emergency Plan for AIDS Relief funds in Africa to shut down.
Secretary of State Marco Rubio on Jan. 24 directed State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response to an executive order that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other “life-saving humanitarian assistance” programs to continue operating after bowing to pressure.
A message on the U.S. Agency for International Development’s website notes “all USAID direct hire personnel will be placed on administrative leave globally, with the exception of designated personnel responsible for mission-critical functions, core leadership, and specially designated programs.” The announcement is scheduled to take place on Friday at 11:59 p.m. ET.
One of the PEPFAR-funded healthcare programs in Kenya still impacted by the funding freeze, despite Rubio’s waiver, is the Fahari ya Jamii (“joy of the community” in Swahili) initiative that began in 2022. The University of Nairobi was jointly implementing the project.
The Sh4.2 billion ($32,558,139.52) project sought to coordinate and manage high quality, cost-effective, and accessible HIV services in Nairobi, neighboring Kajiado County, and other parts of Kenya. Fahari ya Jamii was scheduled to end in May 2026, but it has closed indefinitely because of a lack of U.S. funding.
More than 700 staff, mostly healthcare workers, on Jan. 31 were placed on unpaid leave for three months, or until Washington decides whether to unfreeze funding. More than 150 Fahari ya Jamii clinics that offer HIV treatment to at least 72,000 people on antiretroviral drugs have also shut down.
The initiative’s target groups include children, adolescents, and adults living with HIV; young people, men, and women at risk of HIV; and key populations that include men who have sex with men and female sex workers. Fahari ya Jamii since 2022 has offered HIV tests to more than 257,500 people, connected 94 percent of those who tested positive to treatment, distributed condoms and lubricants, and disseminated safter sex messages to their target groups.
Faith Ndung’u, advocacy manager for Kenya’s Health NGOs’ Network (HENNET) said the Trump-Vance administration should have used a humane approach to engage with countries that benefit from U.S. funding, instead of abruptly suspending it.
“We are feeling the magnitude of the suspension in the health sector because these are lives; these are people,” said Ndung’u. “When such an abrupt decision is made, we are talking about more than one million people living with HIV being affected.”
HENNET is an umbrella group with 112 members from local and international NGOs, faith-based organizations, and research institutions that focus on health-related issues in Kenya’s 47 local governments.
“This is now a wakeup call for Kenya and Africa to invest in the health sector by funding it more not to be in a similar crisis when a donor pulls out or forfeits his commitment,” Ndung’u said.
Local governments that also rely on USAID to run PEPFAR programs have suspended their U.S.-funded activities and phased out the stand-alone comprehensive HIV care centers by integrating treatment and care into general health care services. This move has forced hundreds of health care workers to go onto unpaid leave and wait for further guidance.
Pema Kenya, a Mombasa-based queer lobby group, said the decision to suspend funding means “uncertain times” for the LGBTQ community and Kenyans at large who depend upon U.S.-funded groups for their health care.
“Many queer organizations rely heavily on USAID funding for vital services such as HIV/AIDS prevention and treatment, mental health support, and legal aid,” Pema Kenya stated.
Pema Kenya noted the suspension of U.S. aid could severely cripple queer organizations and leave vulnerable people with limited access to crucial resources.
“This would be a significant setback in the fight against HIV/AIDS and other health crises disproportionately affecting the LGBTQ+ community,” Pema Kenya stated.
GALCK, a coalition of 16 Kenyan LGBTQ rights groups, was even more blunt.
“This isn’t just a policy decision; it’s a matter of life and death,” it said in a statement.
OUT and Engage Man’s Health — two South African organizations that provide HIV services to MSM, transgender people, sex workers, and other vulnerable groups through PEPFAR — have also been impacted by the U.S. funding freeze.
OUT and Engage Man’s Health, which provides HIV services to MSM, announced on Jan. 27 that it will stop offering services “until further notice” due to a lack of funding. The organization asked its clients to seek services from the nearest public health facilities.
“We deeply value our clients and remain committed to safeguarding your health,” said the announcement. “We sincerely apologize for the inconvenience and disruption this may cause. Unfortunately, we are unable to provide further details at this time.”
Kenya and most other African countries have said a permanent suspension of U.S. aid will adversely impact progress made in the health sector, particularly the fight against HIV/AIDS. Botswana and some other nations on the continent that use their national budgets to purchase antiretroviral drugs, have assured their citizens the supply of these medications will not be interrupted.
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