Statute has limitations
Supporters of Friedel Dausab, who brought a case to Namibia’s High Court seeking to overturn discriminatory legislation. (Source: Equal Namibia)

Statute has limitations

Hi again!

While anti-LGBT+ legislation has materialised in Ghana, Kenya and Uganda, Southern Africa continues to demonstrate greater tolerance of diversity. Last week, Namibia overturned a discriminatory colonial-era law in a major breakthrough for the gay community and its allies. In response to strategic litigation, three judges of the High Court of Namibia found that existing criminal laws against consensual same-sex intimacy amounted to unfair discrimination and were therefore unconstitutional. The statute book inherited provisions outlawing “sodomy” and “unnatural sexual offences” in 1977, when the country was still administered by South Africa. Namibia retained these laws following independence in 1990, while South Africa decriminalised sexual orientation with the adoption of a Bill of Rights in 1993, as is now enshrined in the constitution. LBGT+ rights occupy a peculiar place in the continental debate space, with opponents claiming they are a Western import even as Namibia’s experience of inherited colonial laws demonstrate that homophobia is the real cultural import.?

Yours in human rights for all!

AP editorial team


?? 2.7 billion

Spurring protests across Kenya is the passage of the 2024 Finance Bill, which originally sought to raise USD 2.7 billion in additional taxes to reduce the budget deficit. While some of the more unpopular provisions in the budget, such as levies on bread, money transfers, motor vehicle insurance and locally manufactured goods have been removed, higher import taxes and infrastructure development levies remain in place.


???? Debt deal

Ghana secured agreement in principle with bondholders, entailing a major haircut on USD 13 billion worth of loans. Investors will need to choose between two options – PAR and DISCO – with the former capped at USD 1.6 billion, and the latter losing 37% of face value. The terms secured by Minister of Finance Mohammed Amin Adam are even more favourable to Ghana than the 30% haircut proposed by his predecessor Ken Ofori-Atta and then-deputy John Kumah, upon unilaterally suspending international repayments in late 2022. Accra will, however, need to demonstrate comparability of treatment with official creditors, which earlier this month endorsed a MoU to rework USD 5.1 billion of loans. Ghana will also require the approval of the IMF, which rejected an earlier deal, predicated on a 33% haircut, based on its failure to meet debt sustainability requirements. If validated, the agreement would represent another victory for the G20’s Common Framework, following Zambia’s successful restructuring earlier this month.

???? Haiti hypocrisy?

A contingent of 400 officers from a Kenya-led multinational police operation arrived in Port-au-Prince, Haiti, on Tuesday. The deployment is part of a controversial UN-backed mission aimed at combating armed gangs that have overrun the Haitian capital, resulting in over 580,000 people being displaced. While the move ignores the Kenyan High Court's January ruling that deemed the deployment process unlawful, it apparently aligns with a bilateral security deal concluded in March. The reception in Haiti has been mixed, with some segments of the population expressing optimism, while others remain wary of foreign police. Kenyan President William Ruto conveyed confidence that the deployment will bring stability and relief to Haitian communities – although Ruto now faces his own domestic turmoil. A day after the deployment, Kenyan police opened fire on unarmed protesters demonstrating against the Finance Bill, resulting in fatalities. President Ruto subsequently issued a stern warning, framing insecurity as an existential threat to the republic and labelling such actions as treasonous.?

???? Gabon grab

The Gabon Oil Company (GOC) has finalised its acquisition of Assala Energy from Carlyle Group for an undisclosed sum. The transaction follows an intervention by the Gabonese junta, which asserted GOC’s preemption rights, stymying Carlyle’s plans to sell Assala to France’s Maurel & Prom for USD 1.3 billion. Assala produces some 45,000 barrels of oil per day, accounting for close to a fifth of Gabon’s daily output. Commodity trader Gunvor Group reportedly provided USD 800 million to finance the transaction, indicating that it likely secured offtake rights to the crude in return for fronting the costs. Gunvor has stepped in to assist across the continent before. The independent trader provided an undisclosed sum to assist Namibia’s national oil company, Namcor, after it suffered an unprecedented loss due to market volatility in November 2023. However, such collateralised lending remains precarious, given the risk of governments being deprived of anticipated revenues.

???? Career pivot

Michael Usi, the deputy leader of the United Transformation Movement (UTM), was sworn in as Malawi’s Vice President, following the tragic passing of the country’s former VP Saulos Chilima in a plane crash. Usi has had a storied career, including stints in healthcare, development and academia – all the while entertaining the nation as a comedian and actor. He became one of Malawi’s most recognisable faces by playing the character “Manganya” in the TV sitcom Tikuferanji, and is still best known by that name. Usi launched his own political movement “Odya zake alibe Mulandu” in 2018, aimed at ending Malawi’s dependence on foreign aid. Usi subsequently joined Chilima’s UTM and stood as his running mate for the 2019 polls. He took a back seat following the formation of the Tonse Alliance in 2020; but when Lazarus Chakwera and Chilima secured electoral victory, Usi was appointed Minister of Tourism, Culture, and Wildlife. As UTM’s second-in-command, Usi may have been the diplomatic choice to fill Chilima’s VP position, but his appointment has ruffled feathers in the ruling alliance.


??? Africa Energy Forum

The Africa Energy Forum is currently taking place from 25-28 June in Barcelona, Spain. This year’s edition takes place under the banner of “Energy Systems of the Future – Balancing Africa's Needs with Global Goals”. The event will bring together the continent's key energy stakeholders, transcending government, the private sector and multilaterals. Discussions will focus on areas such as technological innovation, cross-sector opportunities and areas for collaboration.??

?? Transformation and Impact Conference 2024

Submissions are open for the Hybrid University of Johannesburg Technology and Society in Africa Conference. This will take place from 21-22 October 2024 under the theme “Transformation and Impact”, exploring the nature, character and form of Africa’s digital transformation, and how it will impact livelihoods, resilience, and development across sectors ranging from health to transport logistics. Deadline for abstracts is 5 July.?


?? The Abiy Project ?– Tom Gardner

Abiy Ahmed’s appointment as Ethiopia’s Prime Minister in 2018 was greeted with a wave of overwhelming optimism, both locally and abroad. However, the wave of euphoria is well and truly over. The Abiy Project: God, Power and War in the New Ethiopia traces this enigmatic leader, his grasp on power and the complex events that have unfolded under his tenure, including a devastating civil war that brought the country to the brink of collapse.

?? Imithandazo – Kabza De Small & Mthunzi

Imithandazo, "prayers" in Zulu, is a soulful and introspective amapiano track by South African music producers Kabza De Small and Mthunzi, featuring vocals from Young Stunna, DJ Maphorisa, Sizwe Alakine, and Umthakathi Kush. Released in October 2023 as part of their collaborative album "Isimo," the song quickly became a favourite in South Africa. The song explores themes of love, loss, faith, and hope with the artists reflecting on their personal struggles and hardships, seeking solace and guidance from a higher power. The song's title, "Imithandazo," serves as a reminder of the importance of prayer and spiritual connection in times of difficulty.


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