Eswatini rebuffs its Supreme Court, clings to anti-LGBT stance

Contributing Writer

Struggle within Esatini government puts the rights of LGBTIQ+ citizens at risk.

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The Blade reported:

Eswatini government refuses to allow LGBTQ rights group to legally register

Supreme Court previously ruled in favor of Eswatini Sexual and Gender Minorities

By Michael K. Lavers

Members of the Eswatini Sexual and Gender Minorities. (Photo courtesy of The Blade / Eswatini Sexual and Gender Minorities)

The Eswatini Commerce, Industry and Trade Ministry [in late September] said it will not allow an LGBTQ rights group to register.

The country’s Supreme Court in June ruled the government allowed Eswatini Sexual and Gender Minorities to register. Unfortunately the Registrar of Companies in 2019 denied the group’s request.

Eswatini Sexual and Gender Minorities petitioned the Supreme Court to hear their case. The Supreme Court initially ruled against the group, but it appealed the decision.

“[The] Minister of Commerce and Trade refuses to register ESGM citing the ‘Roman Dutch Law,’” said Eswatini Sexual and Gender Minorities [on X (Twitter)] “This was after the Supreme Court ruled unanimously that the refusal to register ESGM by the registrar was unconstitutional.”

Back in June, the Blade reported:

The Eswatini Supreme Court on June 16 ruled the government and allowed LGBTQ+ and intersex rights organization to legally register.

The Registrar of Companies in 2019 denied Eswatini Sexual and Gender Minorities’s request on grounds it advocates for LGBTQ+ and intersex rights that are illegal.

They petitioned the Supreme Court to hear their case in 2020 and in 2022, appealed a ruling that dismissed it. The judiciary has reminded the executive branch of government and its functionaries of the importance of Section 33 of the Constitution,” said Melusi Simelane, who filed the case on behalf of them. “This is a monumental judgement and a constant reminder to the executive to exercise its powers with restraint and pay close attention to the rights and liberties of every citizen. We now hope the minister will make a decision that will be remembered in history as protecting the rights of the marginalized LGBTIQ+ citizens of Eswatini without prejudice.”