Namibia High Court overturns ban on gay sex

The Namibia High Court has overturned a historic gay sex ban, saying in its ruling that the laws “are based to a large extent on nothing more than prejudice.”

The African country shares a border with South Africa and Angola, both of which legalised same-sex sexual activity in 1998 and 2021, respectively.

“What threat does a gay man pose to society, and who must be protected against him?” the judgment added.

“Private moral views of a section of the community”

The court held that “the enforcement of the private moral views of a section of the community (even if they form the majority of that community), which are based to a large extent on nothing more than prejudice” is not justifiable, and that criminalising gay men “poses a greater threat to the fabric of society as a whole than tolerance.”

Gay sex between men was initially criminalised in Namibia under colonial rule. Namibia kept its ‘sodomy’ and ‘unnatural sexual offences’ laws after gaining independence from South Africa in 1990. Although rarely enforced, the laws led to continued anti-LGBTQ sentiment in the country, home to 2.7 million.

Today’s law change stems from a legal case brought by prominent LGBTQ activist Friedel Dausab, filed in June 2022 and heard by the High Court of Namibia in October 2023.

As detailed in a media alert by Human Dignity Trust, Dausab’s case case challenged the compatibility of the criminal laws with fundamental rights guaranteed in the Constitution of Namibia

“I challenged these laws as a committed activist because I was personally and acutely aware that criminalisation was a clear obstacle to my living a full, open, honest life. I can also attest that the sodomy offences hindered the prevention of HIV infections and access to life-saving treatment, and made gay men like me easy targets for abuse,” says Dausab.

“But most of all, because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am. Just like most ordinary Namibians, I’ve always wanted the chance to find love and to know that I belong. Today, I feel closer to that goal,” he added.

“Renewed energy to other decriminalisation efforts across Africa”

Téa Braun, Human Dignity Trust’s Chief Executive, said: “I am delighted that Friedel has succeeded in his case against the government of Namibia and proud that our team at the Trust has played a part in his journey to justice.”

“Huge credit goes to him, the legal team on the ground and the activist community in Namibia who have supported him. These combined and concerted efforts not only mean that LGBT Namibians can look to a brighter future where their rights to love freely are recognised, but also bring much needed and renewed energy to other decriminalisation efforts across Africa,” she added.

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