What’s next for LGBTQ rights in South Africa after the country’s elections?
More than 50 independent candidates and political parties participated in South Africa’s national and provincial elections that took place on May 29. The Electoral Commission of South Africa declared the results on June 2.
No independent candidate or political party managed to secure the outright parliamentary majority of more than 50 percent of the votes, which prompts the creation of a coalition government. None of the 18 political parties that managed to win at least one seat in the National Assembly wholly represented the LGBTQ community.
Although South Africa is the only African country that constitutionally recognizes the rights of the LGBTQ community, some of the political parties that managed to secure seats in the National Assembly had signaled they would reserve these gains.
Former President Jacob Zuma, who leads the uMkhonto weSizwe (MK) party, during a January debate said the thought of dating within the same gender was unpalatable and un-African. The MK is now the country’s third largest political party after it won 14.58 percent of the vote, making it a pivotal player in the formation of a coalition government.
Dawie Nel, the executive director of OUT LGBT Well-being, said undermining the constitution is “a dangerous, misguided, and populist strategy to avoid acknowledging the failures of governance and the lack of implementation of constitutional values that are meant to improve the lives of South Africans.”
“South Africa’s constitution is celebrated as one of the most significant achievements of our transition to democracy, ensuring that all citizens are treated with dignity and respect, and that their rights are protected in all aspects of life,” said Nell.
There now seems to be an impasse on who becomes the government’s next leader because of some of the demands that political parties made before they entered into any negotiations.
Bruce Walker of Pretoria Pride said the best possible outcome for the preservation of LGBTQ rights in South Africa would be if the former governing political party, the African National Congress (ANC), which garnered the most support with 40.18 percent of the vote, partners with the Democratic Alliance (DA), which finished second with 21.81 percent of the votes, to form a coalition government.
“I think it will be a good outcome for the community if the DA has some power in a coalition government,” said Walker.
Rise Mzansi, which managed to secure 0.42 percent of the votes with two seats in the National Assembly, said it will continue protecting the rights of the LGBTQ community.
“Rise Mzansi reaffirms its commitment in protecting LGBTQ+ rights in South Africa, as outlined in Section 9 of our constitution,” said the party.
Zubenathi Daca, program coordinator for student employability and entrepreneurship development in Nelson Mandela University’s Department of Student Governance and Development said the fight for LGBTQ rights in South Africa will continue.
“The battle has not yet been won,” said Daca. “Queer people are still being killed and homophobic remarks are still being made towards us daily, and we need people who have found the confidence to voice out their dissatisfactions against how they are treated and also speak out for the voiceless.”
“This society is ours just as it is everyone else’s,” added Daca. “We are in corporate spaces, leadership positions, and political spaces to show that we belong here, and that we are here to stay.”
The constitution says National Assembly members should be sworn in within two weeks of the elections. They will then meet for the first time and elect a new speaker, deputy speaker and president.
Chief Justice Raymond Zondo who will preside over the entire process, on Monday said the National Assembly will meet for the first time since the elections on Friday.