LGBTQI GROUP WITHDRAWS COURT APPLICATION

MBABANE – What will be their next move?

The association which seeks to advance the protection of the rights of lesbian, gay, bisexual, intersex and queer (LGBTQI) people in the Kingdom of Eswatini has since withdrawn its application from court. In the withdrawn application they were seeking an order reviewing and setting aside the failure by the registrar of companies to make a decision to register their organisation, Eswatini Sexual and Gender Minorities. It was also seeking to, among other things, to increase acceptance of LGBTQI members of society in their respective families and communities. The withdrawal of the application comes after the registrar of companies issued his reasons for rejecting the registration of the organisation.

Through its lawyer from TR Maseko Attorneys, the association on Friday submitted that the court application has now be overtaken by events hence the decision to withdraw it.
On the issue of costs, Judge Ticheme Dlamini was of the view that the applicant (founder of the association, Melusi Simelane) did not give government enough time to respond after having filed the application for registration of the association. This resulted in the lawyer representing the organisation also abandoning the application for costs against government.

Reasons

One of the reasons that were forwarded by the Registrar of Companies, Msebe Malinga, when rejecting the application for the registration of the association, was that it did not satisfy the communal or group interests as defined by the Companies Act. Malinga highlighted that registration of associations not for gain was provided for by Section 17 of the Companies Act.
Section 17 stipulates that:  “Any association, formed or to be formed for any lawful purpose; having the aim of promoting religion, arts, sciences, education, charity, recreation or any cultural or social activity or communal or group interest, including all game sanctuaries and other similar institutions concerned with the protection of wildlife or flora in Eswatini.”
Malinga said: “The association which is the subject matter of the registration based on Section 17 does not satisfy the communal interests as defined in the Act.” The association wanted to be registered as Eswatini Sexual and Gender Minorities.

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