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Homosexuality and the law in Africa

By Sapa-AFP | Jul 04, 2014 | COMMENTS [ 174 ]

Two Zambian men charged with having consensual gay sex were acquitted in a high-profile case Thursday.

Here are some facts about homosexuality and the law in Africa:

- Homosexuality is illegal in 38 African countries, including Zambia, according to Amnesty International, with punishment ranging from short jail sentences to the death penalty.

- In Mauritania and Sudan homosexuality is an offence punishable by death.

- In Nigeria displays of affection between homosexual couples in public are illegal and punishable by a maximum of 10 years imprisonment.

- Under controversial new laws in Uganda same-sex relationships can be punished by up to 14 years imprisonment and a life sentence for multiple offences. The laws also prevent the support of gay rights by individuals, companies, media organisations and NGOs.

- Since 2005, more than 50 arrests for same-sex conduct have been made in Cameroon, according to Amnesty. Suspects have often been detained and forced to submit to anal examinations.

- In Zambia homosexual relations are punishable by jail terms of 15 years or more.

- Alone in Africa, South Africa's constitution forbids discrimination on the basis of sexual orientation, apartheid and colonial-era laws prohibiting sodomy have been ruled unconstitutional and same-sex marriages are recognised.

COMMENTS [ 174 ]

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“Build houses and settle down; plant gardens and eat what they produce. 6 Marry and have sons and daughters; find wives for your sons and give your daughters in marriage, so that they too may have sons and daughters. Increase in number there; do not decrease.

Jul 04, 2014 7:14 | 1 replies


With the high birth rate which leads to poverty, many deaths, insufficient resources, IMMORALS- we have in Africa, I think we might consider anything that might be the solution to it.

Jul 04, 2014 9:23 | 0 replies


Besides SA, the rest of Africa should move with time, not backward thinking. What gives the right to any gov in the world, to lock up two consenting adults, who just want to do there business in peace.

Jul 04, 2014 7:16 | 1 replies


No Whiz, you promote K@ak now.

Jul 06, 2014 4:38 | 0 replies


Sisebusweni bakho baba Nkosi yethu sifuna umusa wakho ngomthandazo wethu. Sizwile emhlabeni ukukhala, abalahlekile siyobathandazela Nkosi mabaphile. Izizwe eziningi zisebumnyameni, zieendleleni eya ekufeni.Iba nomusa Nkosi zive izwi lakho susa ubumnyama kubo. Amen Amen.Banike amandla mkhululi Shwele baba

Jul 04, 2014 7:19 | 0 replies


I think gays should be allowed to be as miserable as anyone else for that matter.

Jul 04, 2014 7:23 | 0 replies


I will never accept gays and lesbians.To those African countries that are against homosexuality Keep it up, you have my blessings

Jul 04, 2014 7:31 | 2 replies


Plonko, come out the closet, you in SA not Zambia hahaha...

Jul 04, 2014 7:48 | 1 replies


Ag baby boy no matter where I am, I will never accept them.Only the insane ones will allow this.

Jul 04, 2014 7:52 | 1 replies


So Madiba was insane hmmm. No plonko change your attitude dude.

Jul 04, 2014 8:5 | 1 replies


Yes he was and I will never change my taken decision. To hell with them.

Jul 04, 2014 8:7 | 1 replies


sure warra Ponko_Fontoyo i respect you how feel about gay and lesbian but i wanna ask you a simple where are you affected about other people homosexuality?

Jul 04, 2014 12:11 | 2 replies


He envies them.....

Jul 04, 2014 12:15 | 1 replies


Hell No there are many things I can envy not these b@stards!

Jul 04, 2014 1:4 | 1 replies


Why are you bothered by other men's sex.ual deeds.... what is the fascination about???? Gay men don't care about where and how you use your penises so why are you bothered by them......

Jul 04, 2014 1:31 | 1 replies


They must do their rubbish in private, our community where I from does not accept that and I'm not bothered at all but disgusted.

Jul 04, 2014 2:0 | 1 replies


Ponko, having sex in public is a crime - public indencency irrespective of sex.ual orientation (and is punishable). In fact more heterosexual couples have sex in public than gays

Jul 04, 2014 2:8 | 1 replies


Not only sex, their clothes. kissing way the act are also disgusting.

Jul 04, 2014 2:35 | 1 replies


Disgusting indeed

Jul 06, 2014 4:40 | 0 replies


They make me sick they are disgusting!

Jul 04, 2014 1:3 | 2 replies


make you sick how like flu or what hlaso monna

Jul 04, 2014 1:18 | 1 replies
Jul 04, 2014 1:56 | 1 replies


Emotional? mmm yah neh this what really men today are suffering from emotional sickness.

Jul 04, 2014 2:15 | 1 replies


And who are you?

Jul 04, 2014 2:34 | 0 replies


Being a peeping Tom can make one sick from time to time...... desist from watching gay men enjoying themselves

Jul 04, 2014 1:32 | 1 replies


What the F@ck is peeping Tom?They must also desist doing their rubbish in front of people.

Jul 04, 2014 1:57 | 0 replies


Avatar Ponko_Fontoyo - Shaka Zulu was gay. He encoured his shoulders to sleep together, to increase comradery.

Jul 04, 2014 8:13 | 4 replies
Jul 04, 2014 8:20 | 1 replies


Ponko_Fontoyo - Just as long as you accept your own gay history.

Jul 04, 2014 8:32 | 2 replies


Shaka was gay? can you please provide me with that said link

Jul 04, 2014 11:36 | 0 replies


Sinudiety:....You will always be a K@ak, you dont respect African leaders.

Jul 06, 2014 4:43 | 0 replies


Sin, I also prefer my shoulders to sleep together. Bit painful to have them sleep in different locations, methinks.

Jul 04, 2014 8:37 | 2 replies


LOL! Ouma is baie stout

Jul 04, 2014 8:43 | 0 replies


oldlady12 - Oops. Soldiers :P Dunno why I was thinking of shoulders while I was typing.

Jul 04, 2014 8:44 | 0 replies


Wena Sin you must stop these unfounded degrading insinuations about King Shaka. Stop smoking weed, it is not good for you.

Jul 04, 2014 10:43 | 0 replies


@ytieduniS, I've risked reporting that your claim that iNkosi uSishaka was gay is abuse. I have no problem with the arguments advanced on this subject, but I think it is unfair to be insulting of my ancestral king. Ozulu lizayo, memani abancane ngoba abadala kuphela abazozibalekela; Ibinda Nodumehlezi ka Menzi.

Jul 04, 2014 2:4 | 1 replies


ILembe eleqa amanye amaLembe UDlungwane kaMbelebele! Srs siyathukwa lapha.

Jul 07, 2014 7:8 | 0 replies


If we ignore the haters, this is about as far as the comments here will go. Come on sane bloggers, join me please.

Jul 04, 2014 7:41 | 1 replies


It's fun giving the haters stick :)

Jul 04, 2014 7:50 | 1 replies


Whiz, while providing them with a bigger platform to spew their hate.

Jul 04, 2014 8:2 | 1 replies


Ag they closet gays, most of them anyway.

Jul 04, 2014 8:7 | 0 replies


Can you really arrest some couple for living their lives!

Jul 04, 2014 8:0 | 2 replies


Gays are not couples!

Jul 04, 2014 8:45 | 1 replies


what are they

Jul 04, 2014 2:19 | 0 replies


In law anything that is contrary to the morals of society (contra bonos mores) is unacceptable and should not be recognized legally. If we follow this principle the African countries who are not allowing this immoral conduct are correct. It does not require a rocket scientist to figure out that homosexuality is contra bonos mores. God Almighty is on record as not being in favour of homosexuality through the distruction of Sodoma an Gommorah. What more proof should be provided?

Jul 04, 2014 10:53 | 1 replies


If I remember, God said: "I will never destroy the world because of sins" Because not all the people in Sodom and Gomora were violent. Since, he never punished the world or people like at Sodom and gomora

Jul 04, 2014 1:11 | 1 replies


Well, He said those words before He destroyed Sodom and Gomorah. Actually He said He won't destroy the earth with water.

Jul 04, 2014 2:26 | 0 replies


The way African leaders are concerned about other people's se.xuality, you would be forgiven to think that they are closet gays.......... Jealousy/envy makes then NASTY!!!!

Jul 04, 2014 8:41 | 3 replies
Jul 04, 2014 9:15 | 0 replies


How often do you spend time with whites?

Jul 04, 2014 9:41 | 1 replies


Not being a bigot has got nothing to do with whether one spends time with wh!te people or not.

Jul 04, 2014 11:19 | 0 replies


MsKinks- Heard of a story about Gaddaffi and Mugabe liking amatanyula and young boys?? That tells you all you need to know about bigots like Museveni and (Goodluck)Jonathan. They are all closed gays who dont want others to enjoy what they are doing to young boys

Jul 04, 2014 9:45 | 1 replies
Jul 04, 2014 11:54 | 0 replies


so RSA is the only country which allows this nonsense in Africa. my country is really being led by idiots. Gays should be cured of their disease, nothingh normal havin a man sleep with another man. it sgainst the laws of nature

Jul 04, 2014 8:47 | 4 replies


Laws like this, need to be broken.

Jul 04, 2014 8:53 | 0 replies


Grid_lock - Our country is definitely being led by idjits. But thankfully, it was not the same idjits who made the laws of the land.

Jul 04, 2014 8:55 | 0 replies


Touching of balls pluck pluck

Jul 04, 2014 11:43 | 0 replies


Grid_lock so RSA is the only country which allows this nonsense in Africa. my country is really being led by idiots. Gays should be cured of their disease, nothingh normal havin a man sleep with another man. it sgainst the laws of nature ========================================================================== There was a white doctor in the SADF, he used to cure gays in the army by shocking them. He was giving them shock therapy. Hahahaha. It is true broer. I think he has been arrested in Canada now.

Jul 04, 2014 2:30 | 0 replies


If u compare kuku and chocolate box which is sweter, i guess this answers it all. KUKU is 100 percent swtest or kanjani?

Jul 04, 2014 9:1 | 1 replies


Is that why you got AIDS?? You do have a big mouth and no brain. You probably been in prison and being someone's wife, now you trying to make yourself feel good by bashing gay people

Jul 04, 2014 9:32 | 1 replies


Boetman just because you were in prison and got raped, it doesn't mean every guy has been through that...Why do you like to say people have AIDS hehehe hehe hehehe you make me laugh dude hahaha.

Jul 04, 2014 9:43 | 1 replies


Only time I was in prison in SA was as a POLITICAL PRISONER, not like you, scumbag. Someone's wife e-number 4

Jul 04, 2014 9:47 | 1 replies


Fact is you were in prison and got f cuked hmmm? You don't have to explain yourself go ahead and let other men tear your a nus apart and start investing in tampons the size of banana because your arsehole is gona be huge.

Jul 04, 2014 9:53 | 0 replies


Gays out there plse give up this sickening act in the name of human rights. thank you for your understanding.

Jul 04, 2014 9:3 | 2 replies


They will never find you attractive in a million years, so leave them alone

Jul 04, 2014 9:34 | 0 replies


Heterosexual men out there please stop bothering gay men in the name of human rights. Thank you for your understanding.

Jul 04, 2014 11:56 | 0 replies