MBABANE – Eswatini Sexual and Gender Minorities (ESGM) insists that the assertion that it exists to promote homosexuality is a fundamental mischaracterisation of the organisation’s true purpose.
ESGM has since approached the High Court to review the decision of the minister for Commerce, Industry and Trade declining to register ESGM, which they describe as a company in the course of formation. They also filed supplementary papers to the application, which Judge Nkosinathi Maseko granted.
According to Melusi Simelane, who is a member of ESGM, the organisation seeks to directly challenge and refute the grounds on which the minister for Commerce, Industry and Trade refused to register the organisation. The matter had been referred to the minister after the Supreme Court found that the registrar of companies had pronounced himself on the matter, in that he had also declined to register the organisation.
ESGM rejected the minister’s assertion that ESGM ‘promotes homosexuality’. Simelane labelled this claim a fundamental mischaracterisation that allegedly portrays a clear misunderstanding of the organisation’s objectives and the nature of sexual orientation.
Simelane informed the court that the core mission of ESGM is to create a safe, inclusive and equitable environment for all sexual and gender minorities. He said the organisation’s work is focused on support and community, human rights advocacy and education and awareness-raising.
Simelane also stated the minister’s assertion is factually incorrect and indicative of a deeper misunderstanding of equality.
He argued that the organisation’s activities are transparent, lawful and aligned with international best practices for human rights organisations and that the right of members to associate with one another is immaterial to whether or not one agrees with their objectives.
He also took aim at the minister’s assertion that the name ‘Eswatini Sexual and Gender Minorities’ is misleading, annoying, offensive, blasphemous or indecent. He also dismissed this as a baseless and unsubstantiated assertion and provided a breakdown of why the name is in fact modest and constitutionally sound.
Simelane submitted that ‘Eswatini’, in the affidavit, is a clear and accurate geographical descriptor that identifies the national scope of the organisation’s work. He said ‘Sexual and Gender Minorities’ is a widely accepted and academically recognised term used globally to respectfully and accurately describe individuals whose sexual orientation or gender identity differs from the majority.
According to Simelane, ‘Sexual Minorities’ is a neutral term for non-heterosexual individuals, while ‘Gender Minorities’ is a precise and respectful term for those whose gender identity or expression differs from their assigned gender at birth.
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