By Kevin Dowling, Master’s in Development Practice 2022.
Introduction
Across the African continent, sexual minorities face vast inequities and discrimination due to their sexual orientation (The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), 2020). To illustrate the hardship experienced, take, for example, the fact that 32 African countries criminalise same-sex acts between adults in private; that four countries still impose the death penalty for such; and that only nine countries have legal protection in place against discrimination over sexual orientation (Statista, 2022). Rhetoric from a multitude of African leaders corroborates this hostile environment for this minority group (Vincent and Howell, 2014). Zimbabwe’s ex-president, Robert Mugabe, for example, has referred to homosexuals as being “worse than pigs and dogs”; while The Gambia’s former leader, Yahya Jammeh, has evocatively pronounced that “we will fight these vermin called homosexuals, or gays, the same way we are fighting malaria-causing mosquitoes, if not more aggressively.” (Saul, 2014, pp.1).
The influence that colonialism has had on homophobia in Africa propagates a polarising debate. On the one hand, there are fervent narratives that African homosexuality is a tragedy of Western import, and is distinctly ‘unAfrican’, ‘ungodly’ and ‘unnatural’ (Yarbrough, 2020; Vincent and Howell, 2014). On the other hand, powerful counterarguments demand that homosexuality has been imbedded and accepted throughout the African continent long before colonial powers ever arrived, and that it is in fact homophobia which has been imported (Yarbrough, 2020; Vincent and Howell, 2014).
The debate in South Africa is markedly different from elsewhere on the continent. Though the same post-colonial homophobia has polluted discourse in South African since its period of British colonisation ended in 1961, the country has nonetheless experienced remarkable advancements in sexual rights in the past three decades. The legal provisions for sexual minorities in South Africa today are unparalleled elsewhere on the continent (ILGA, 2020). This paper will explore the influence that South Africa’s colonisation period has had on shaping this unique history of sexual rights and homophobia. First, it will examine homophobia during colonisation, before exploring the influence that this period has had post-colonially, and how it has intersected with the post-Apartheid era.
Colonialism and the importation of homophobia
The existence of same-sex relations has been documented from within South Africa long before colonisers arrived on its shores. The earliest indication of such comes from pre-historic cave paintings illustrating intercourse between men (Rudwick, 2011). Within Khoikhoi indigenous populations, the term ‘koetsire’ is a traditional term used to describe men who are sexually receptive to other men (Alozie, 2021). In the eThekwini region of the country, people with same-sex attraction had been customarily known as ‘isitabane’ or ‘ungqingili’ and were thought to be similar to the modern understanding of hermaphroditism (Rudwick, 2011). South Africa’s largest township, Soweto, has a historical prevalence of homosexuality among traditional healers, or ‘izangoma’ (Morgan and Reid, 2003). When these healers are called to the role by an ancestor of a different gender, they may then choose to marry an assistant of the same gender (Yarbrough, 2020). Additionally, throughout the colonisation period, a longstanding custom existed among South African gold miners where it was widely accepted to choose a ‘boy wife’ from neighbouring villages to be the ‘wives of the mines’. These boys would provide domestic assistance to the predominantly Zulu miners, as well as engage in interfemoral sexual activity (Rudwick, 2011; Epprecht, 2004; Moodie, Ndatshe and Sibuyi, 1988). And while the young age of these boys is concerning from a Western lens, this custom does demonstrate a form of historical cultural acceptance of same-sex relations in the country
The outlawing of homosexuality in the country, on the other hand, was borne out of colonial era importation of European penal law. Though the country was colonised by the British Empire between 1806 and 1961, the colony retained Roman-Dutch law – the common law of the Netherlands – that had been imposed during its periods of Dutch colonisation from 1652 to 1795 (Lennox and Waites, 2013). Acts of ‘sodomy’ were criminalised under Roman-Dutch law, thereby prohibiting ‘sexual offences’ of same-sex masturbation, oral sex and anal intercourse. This legislation lay the foundation upon which additional anti-homosexuality laws have been introduced, even after South African gained independence (Rudwick, 2011). Take the case of the Forest Town Raid in 1966 where nine men were arrested for “masquerading as women”. This event catalysed the now infamous 1969 ‘Men at a Party’ statute of the Immorality Amendment Act, 1969, which specifically criminalised any form of sexual activity between men in the presence of more than two men (Vincent and Howell, 2014; Rudwick, 2011).
Post-colonial rhetoric
Homophobic discourse and control tactics
In the aftermath of colonisation, homophobia in South Africa has been driven by three principal narratives. Firstly, and most prolifically, there is the argument that same-sex relations are ‘unAfrican’. Post-colonial identity formation was a hugely important process for African’s endeavouring to separate themselves from their Western oppressors. Those in opposition to sexual minorities used the ‘unAfrican’ narrative to claim that same-sex relations were a perversion of the West, and that for true emancipation the continent must eradicate such ideology (Vincent and Howell, 2014; Sandford and Reddy, 2013). To represent homosexuality as such has been deemed a form of ‘protective homophobia’ to juxtapose Africans with the ‘sexually perverse’ West. In essence, this argument has become representative of conservative rhetoric which promotes a heteronormative and patriarchal society under the guise of protecting culture and tradition (Vincent and Howell, 2021). This has been used a control tactic by African leaders across the continent to uphold postcolonial regimes and deflect from growing societal and economic hardships. Repressive regimes typically rely on moral stricture to authenticate claims to power, and so inducing a sense of moral panic served to maintain this control (Alozie, 2021).
In addition to the ‘unAfrican’ narrative, there is also a deep-seated rhetoric that same-sex relations are ‘ungodly’. By contextualising anti-homosexuality sentiment as a matter of a higher power is to situate the debate outside the realm of public dispute. This adds strength to the general discourse of homophobia as it serves to ‘legitimise’ such claims according to God (Vincent and Howell, 2021). There is, of course, an irony to this argument as the Christian values that lay central to this narrative were themselves foreign to most African communities until used upon them during colonisation as control tactics by their oppressors (Alozie, 2021). Nonetheless, claiming that homosexuality is ‘ungodly’ has been hugely influential in the oppression of sexual minorities, particularly given the importance religion has for most Africans (Uche and Ogugua, 2013). For many, to be African is to be religious, and so to portray same-rex relations as being against God is a hugely burdensome claim.
The argument that homosexuality is ‘unnatural’ has also been used extensively, particularly in regard to the non-procreational character of same-sex relations (Vincent and Howell, 2014). This narrative has been driven primarily by religious bodies, however tones of it have been reflected in the law since the Roman-Dutch system was implemented. The infamous anti-sodomy law mentioned above concurrently criminalised bestiality and any form of sexual act deemed to be ‘unnatural’ or ‘immoral’ (Rudwick, 2011). By categorising homosexuality with such offences, colonial powers have propagated this persistent narrative of same-sex relations being against nature. Sexual minorities were increasingly targeted with this form of homophobia in the 1980s when their disproportionate vulnerability to the AIDs epidemic became clear. The ‘medicalisation’ of homosexuality increased the stigmatisation experienced, and there was escalation of discrimination and violent hate crimes. In addition, the Catholic Church promoted “conversion therapy” to the detriment of those in receipt of it (Kaoma, 2018).
Reductive categorisation
With the historical evidence of same-sex relations in pre-colonial South Africa, the ‘act’ of homosexuality cannot be defined as unAfrican. It can, however, be argued that homosexuality as a ‘concept’ is indeed a colonial import. In the African context, there appears to be a disparity between understandings of same-sex relations and of homosexuality as an identity. In the Basotho region of South Africa, for example, eroticism between women has traditionally been a normative occurrence in society, however, it does not accurately equate to ‘lesbianism’ as it is not considered locally to be a sexual practice (Cock, 2003). As Epprecht (2008, pp. 8) has effectively put it, the term ‘homosexuality’
“suggests a clarity arising from a specific history of scientific enquiry, social relations, and political struggle that did not historically exist in Africa and still does not very accurately describe the majority of men who have sex with men or women who have sex with women in Africa”.
In this way, the super-imposition of Western understandings of homosexuality onto traditional, or emerging, African sexual identities is, in fact, reductionist and does not encompass the unique diversity that exists on the continent (McAllistair, 2013). In addition, it adds further fuel to the fire of those who justify homophobia with the ‘unAfrican’ argument (McAllistair, 2013). By propagating Western images of homosexuality, arguments like Mugabe’s – that homosexuality is “a scourge planted by the white man on a pure continent” – misleadingly gain traction (Immigration and Nationality Directorate, 2002). And so, while colonial powers imported homophobia to the continent in the first place, and are now themselves much more progressive in terms of sexual rights, they also imported the terminology that hinders the same progression in Africa.
The Equality Clause and the Post-Apartheid era
Despite the intensity of post-colonial homophobia in South Africa, the country remains to be an outlier in terms of progressive sexual rights on the continent. By 2006, the South African High Court had abolished its sodomy law; sexual minorities were legally allowed serve in the military; same-sex partnerships were granted equal employment and pension benefits as their heterosexual counterparts; and same-sex marriage was legalised (Vincent and Howell, 2014). To this day, South African remains to be the only country in Africa where same-sex couples can legally wed (Statista, 2022; ILGA, 2020). This bears the question – why South Africa? The answer lies in the country’s unique post-colonial history of Apartheid – and more specifically, its abolition of such. When Apartheid formally ending in 1994, the South African government, emerging from an era of unfathomable segregation and discrimination, was tasked with the development of a new democratic constitution that would lead the country into a just and equitable future. Central to this new vision of society was the Constitution’s equality clause, which states that “everyone is equal before the law and has the right to equal protection and benefit of the law” (The Constitution of the Republic of South Africa, 1996). When instated in 1996, this clause made South Africa the first country in the world to constitutionally prohibit discrimination on the basis of sexual orientation (Cock, 2003).
With these developments, the international community lauded South Africa for being pioneers in the promotion of sexual rights on the continent. At surface level, it appeared that a new day was dawning for queer folk in Africa. At depth, however, the legal advances were not reflective of widespread support for sexual minorities (Cock, 2003). Instead, the progress was more so indicative of the particular moral weight that the concept of “equality” had during South Africa’s transition to a democratic society (Vincent and Howell, 2014; Cock, 2003). The sexual rights movement at the time harnessed this unique circumstance as an opportunity to progress its cause, and in 1994, the National Coalition for Gay and Lesbian Equality (NCGLE) was formed to coordinate lobbying efforts. The movement effectively formed tactical alliances with the anti-Apartheid struggle, and in doing so, influentially shaped the narrative surrounding the question of “queer equality” in South Africa (Cock, 2003). Simultaneously, the movement was aided by discreet strategic lobbying by several sympathetic officials, such as Judge Edwin Cameron (Vincent and Howell, 2014). Though the concerted effort was a resounding success in securing the inclusion of sexual orientation into the equality clause, it has, however, been argued that it did so by way of ‘victory through the back door’ (Vincent and Howell, 2014). The inclusion represented support from a select few invested stakeholders but did not reflect widespread support across politics or society. For many, the advancement of sexual rights was “an undesirable and unintended consequence of the equality clause”, as put by Patekile Holomisa, the then chairperson of the Joint Constitutional Review Committee (Vincent and Howell, 2014).
For those in favour of advanced sexual rights, the ‘unintended consequence’ of the equality clause has been the reinforcing impact it has had on homophobic discourse. Right-wing politics and religious organisations have breathed new life into their rhetoric by resituating their usual arguments of ‘against Africa’, ‘against nature’ and ‘against god’ in the new context of opposition to same-sex legal provisions. With the collapse of Apartheid, the debate regarding South African identity has been revitalised and redirected as invested parties endeavoured to shape this new post-Apartheid identity (Vincent and Howell, 2014). The legalisation of same-sex marriage has been particularly leveraged. Opponents of sexual equality, particularly religious organisation, have reapplied the ‘unnatural’ narrative by claiming that procreation is central to the definition of natural marriage (Vincent and Howell, 2014). The refocused use of the ‘unAfrican’ and ‘ungodly’ rhetoric is exemplified by sentiment from Jacob Zuma, former president of South Africa (2009-2018), who vehemently expressed his opposition to same-sex marriage by labelling it a “disgrace to the nation and to God”. On the other hand, Goodwill Zwelithini, the 1968-2021 Zulu King, deemed homosexuality a form of “moral decay” (Vincent and Howell, 2014).
Conclusion
The legacy of colonisation has shaped the landscape of homophobia and sexual rights in South Africa in ways unseen elsewhere in the world. The initial importation of anti-homosexual legal structures ultimately paved the way for a uniquely troubled history of hate and discrimination. Upon gaining independence, identity formation became a pivotal process for South Africans as many strived to distance themselves from their Western oppressors. This, however, lead to the destructive diffusion of homophobic narratives throughout society of same-sex relations being ‘unAfrican’, ‘ungodly’ and ‘unnatural’.
Colonisation paved the way for Apartheid in South Africa, and though this system of oppression and segregation was heinously unjust and immoral, it did play a fundamental part in the progression of sexual rights in the country. The new constitution’s equality clause was the first of its kind to explicitly prohibit discrimination on the basis of sexuality. However, as the West applauded South Africa for its post-Apartheid progress towards formal equality, a disparity has remained between the new legal advancements and the lived realities of sexual minorities (Cock, 2003). With a resituation and intensification of post-colonial homophobic discourse, substantive equality is yet to be achieved in the country, with widespread violence and discrimination continuing to devastate the lives of sexual minorities today (ILGA, 2020, Yarbrough, 2020; Cock, 2003).
And so, it can safely be said that South Africa’s period of colonisation has had a hugely influential role in shaping homophobia and sexual rights in the country. Though the circumstance of Apartheid’s collapse has provided unparalleled legal gains for sexual minorities, the roots of the country’s homophobia are rooted in the past colonisation. The ultimate irony is that much of the Western world has since embraced diverse sexual orientations. For the same to occur in South Africa, allowing space for uniquely African identities of same-sex attraction to flourish in the absence of Western ideologies may in fact be the key to finally moving past post-colonial homophobia.
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