Three judges of the Windhoek High Court yesterday reserved their judgment on a constitutional challenge of the validity of the common law crimes of sodomy and unnatural offences, and all statutory enactments that refer to or incorporate such crimes.
Windhoek High Court judges Nate Ndauendapo, Shafimana Ueitele and Claudia Claasen postponed the matter to 17 May 2024, which is coincidentally the International Day against Homophobia, Biphobia and Transphobia.
In that judgment, the Supreme Court found that discrimination based on sexual orientation is against the supreme law of the land - the Constitution. Senior Counsel Griffiths Madonsela, who is appearing on behalf of the government entities that are opposing the application together with Advocate Dennis Khama, instructed by the attorney general, argued that this is not a matter for the courts to decide.
To achieve this, Madonsela argued, Friedel seeks to cast his moral viewpoint as a legal one, employing emotive rhetorical devices to assert that the laws criminalising consensual sex between males are unconstitutional.
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