Dullah Omar has come off second-best in his battle with the gay and lesbian community, write Charl Blignaut and Swapna Prabhakaran
The gay and lesbian community is claiming victory in its battle with Justice Minister Dullah Omar.
The National Coalition for Gay and Lesbian Equality says Omar has dropped his opposition to the removal of legislation on same sex relations between gay men.
Omar said two months ago that he would oppose the coalition’s high court application to remove several “sodomy” clauses – including the notorious Sexual Offences Act – from the statute books.
Omar’s office says his opposition remains, but the coalition says the minister has merely still to make his decision official. The coalition says Omar backed down following talks between the African National Congress and the Human Rights Commission.
Coalition official Mazibuko Jara says the application is likely to be heard unopposed in the Johannesburg High Court on November 25.
The laws in question were heavily used in the 1960s and 1970s to ensure that the police had the right to invade the privacy of gay men’s bedrooms. What they boiled down to was that any situation involving two or more men – be it a private dinner party or a public cinema – that led to the arousal of any of the party was illegal.
Lesbians, however, were never discriminated against in the clauses as the state seemed not to recognise their existence. Anal intercourse between men was illegal. Heterosexual anal intercourse seemed not to exist either.
The coalition wanted to use the court action to end legal discrimination against gay men, particularly in the workplace and in terms of prejudicial police action against individuals and gay businesses. Its court application was supported by the Minister of Safety and Security, Sydney Mufamadi, and the attorney general’s office.
Omar’s office claimed his opposition was based on technical rather than ideological concerns and that the minister was anxious to ensure that children’s rights were protected as well as gay rights. The coalition dismissed such arguments, saying it represents consenting adults.
The justice minister’s stance ensured he was a central feature at the recent 1997 Gay and Lesbian Pride Parade in Johannesburg. Several high-profile gay figures condemned Omar. On the parade itself, several banners lambasted Omar – the most ascerbic being a poster of Nelson Mandela in a wig with a speech bubble reading: “Hey Dullah! Let them eat cock!” Spectators along the route yelled “Amandla” in response to the poster.