D.Tinashe Hofisi: Reflections

The demise of Robert Mugabe on 6 September 2019 was followed by heated debates regarding his legacy. Spirited discussions oscillated from monikers of icon to iconoclast; liberator to dictator. However, the former president’s infamous stance on sexual orientation has not been as divisive. To the contrary, Movement for Democratic Change (MDC) leader Nelson Chamisa lauded Mugabe’s take on homosexuality as consistent with the Constitution and a positive vestige of his legacy. This  is echoes his predecessor, the late Morgan Tsvangirayi’s own support for Mugabe’s homophobia, ostensibly on constitutional grounds. This  post analyses these constitutional claims by linking homophobia in Zimbabwe to Afrophobia in South Africa as enduring African phenomena of exclusion, dehumanization and degradation. Robert Mugabe’s views on sexuality were as unlettered as they were unsophisticated. He called members of the LGBTI community worse than dogs and pigs and crudely referenced ...

The Marriages Bill (the bill) was published in the Government Gazette of 19 July 2019. Some of its provisions are in fulfillment of a Constitutional Court ruling prohibiting child marriages. Other provisions have been more controversial. Section 40 introduces the institution of civil partnerships, arguably a new and radically different form of marriage. This post defines basic terms before discussing the contents of section 40 of the bill. 1.     What is a marriage? A marriage is a publicly recognized romantic union. It entails exclusive rights to intimacy, fidelity, support and co-habitation. Public recognition sets this union apart from others, making it enforceable against third parties through civil suits. Traditionally, recognition of a marital union was contingent on agreement between the families. Ceremonial rites were held to secure consent of the parties and endorsement of the families. The advent of colonialism reduced the ...