Constitution mum on gays, lesbians


14 April 2006- Swaziland- Unlike the South African and Zimbabwean Constitution, the country’s Constitution is silent on gays and lesbians (homosexuals), South Africa lawyer, Thandi Orleyn observed.

She was responding to questions from some company executives, who were asking from a human resources perspective.

They wanted to know how to deal with a situation where one sexual partner allocated his/her estate to a “spouse” of the same sex.

The company is top executives, who attended a Constitution and Business Round Table organised by REDI, stated that their understanding of spouse under common law was someone of the opposite sex.

They wanted to know if the drafters of the Constitution deliberately omitted non-discrimination based on sex-orientation, to which the Attorney General Majahenkhaba Dlamini said local law does not recognise same sex marriage.

“The court would have a problem in determining such a case, as our laws know nothing of same sex spouse. Understanding, ‘sexual orientation’ and ‘same sex spouse’ are two different things,” he said.

Orleyn said the Zimbabwean Constitution has made it clear and explicit that homosexuality is not recognised, whilst the South African Constitution recognises same sex marriages.

“The Swaziland’s Constitution by its silence excludes anybody of same sex to be a spouse,” she said.

The country’s strong religious background has influenced its position when it comes to same sex marriage, even its attitude is to abhor lesbians and gays.

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