It was a victory for advocates of LGBTQ+ after a Namibia High Court on Friday, overturned a colonial law that criminalised gay sex in the country after same-sex campaigners had suffered a number of setbacks in the battle for their rights in recent years.
Namibia had inherited the law banning “sodomy” and “unnatural offences” when it gained independence from South Africa in 1990, and while the ban was rarely enforced, activists said it contributed to discrimination against LGBTQ+ people, including violence by the police.
Friedel Dausab, a Namibian LGBTQ+ activist who instituted the case with support from the UK-based Human Dignity Trust, addressed journalists on the rare court ruling, saying:
“I feel elated. I’m so happy. This really is a landmark judgment, not just for me, but for our democracy.
“I’m sitting next to my mum and we’re hoping that this message filters through to all families, so that kids are no longer estranged. It’s a great day for Namibia. It won’t be a crime to love anymore.”
The judgment which was made by three high court judges, said the laws amounted to unfair discrimination under Namibia’s constitution, noting that the same consensual sexual conduct was not criminalised if it was between a man and a woman.
“What threat does a gay man pose to society, and who must be protected against him?” the lead judge said while delivering judgment.
“We are of the firm view that the enforcement of private moral views of a section of a community (even if they form the majority of that community), which are based to a large extent on nothing more than prejudice, cannot qualify as such a legitimate purpose.”
Over the years, gay rights activists have argued that although prosecutions under the “sodomy” and “unnatural sexual offences” laws were infrequent, these laws have fostered ongoing discrimination against the LGBTQ community and instilled fear of arrest among gay men.
Though Namibia inherited the laws when it gained independence from South Africa in 1990, South Africa has since decriminalised same-sex sexual activity and is the only country on the African continent to allow LGBTQ couples to adopt children, marry and enter civil unions.