morality, children, national security and development, the family and often civilization
itself. Often, the subordinate group is dehumanised and compared to animals, portrayed
as sub-human or in some other way less than human38. President Mugabe has sought to
dehumanise gays and lesbians referring to the community as “sub animal” and
behaving “worse than dogs and pigs” 39.
The Supreme Court of Canada in Vriend v Alberta40 (a case dealing with
discrimination in employment on the basis of sexual orientation) noted:
Perhaps the most important is the psychological harm, which may ensue from this
state of affairs. Fear of discrimination will logically lead to concealment of true
identity and this will be harmful to personal confidence and self esteem.
Compounding that effect is the implicit message conveyed by the exclusion, that gays
and lesbians, unlike other individuals, are not worthy of protection. This is clearly
an example of a distinction, which demeans the individual and strengthens and
perpetrates [sic] the view that gays and lesbians are less worthy of protection as
individuals in Canada’s society. The potential harm to dignity and perceived worth
of gay and lesbian individuals constitutes a particularly cruel for of discrimination41.
The South African Constitutional Court also noted the impact of criminalisation
of consensual gay acts beyond that of dignity and self esteem. Criminalisation
encourages blackmail, police entrapment, violence and peripheral discrimination such
as refusal of facilities, accommodation and opportunities.
In the Zimbabwean context, blackmail increased markedly after the homophobic
pronouncements of President Mugabe. The pronouncements encouraged extortionists to
believe that their victims had even more to fear if their sexual orientation were exposed.
The frequency of blackmail and the quantum of money demanded rose sharply. Well
organised gangs of youths approached and befriended gays at nightspots specifically for
the purpose of creating a situation which might enable them to extort money. In the late
1990s, one or two cases of blackmail came to the attention of GALZ each month,
although the number has dropped in recent years to three or four cases a year.
Nevertheless, this is obviously only a fraction of actual incidents of blackmail. Fear
prevents the people from joining GALZ in the first place and fear and lack of an
appropriate response from the police also prevents many victims from reporting the
problem. When a gay activist tried to lead by example and reported a case of extortion to
the police, he himself was arrested. Reports of attempted extortion to police officers has
resulted in police officers attempting to displace the extortioner and to demand cash
themselves.42 A former Director of Public Prosecutions has admitted that blackmail is the
main effect of the criminalisation of same-sex sexual activity between consenting
adults43. Widespread blackmail was a major factor influencing decriminalisation in
38
This sort of rhetoric should be familiar to all who have encountered over and systematised
racism. A review of any of the texts of the apartheid era in South Africa and Nazi Germany
shows a striking similarity of language in this regard.
39
The Herald, 12th August. 1995. The statement was widely reported internationally – see, for
example, the Globe and Mail (Toronto) of the same date.
40
(1994) 20 CHRR D/358
41
Quoted with approval in National Coalition for Gay and Lesbian Equality and Another v Minister of
Justice and Others CCT11/98 at para. 23
42
43
see Propotkin, P op. cit. at pp 35-36 and n 88
Phillips, O. Zimbabwean Law and the Production of a White Man’s Disease Social and Legal
Studies Vol. 6 No 4 (1997) p. 471 at p. 484
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