Thursday, June 13, 2024

Zambian fleeing from arrest for Homosexuality denied Refugee Asylum in South Africa


Anold Mulaisho
Anold Mulaisho

A young gay man who left a well-paid government job and fled from Zambia because of his sexual orientation has been denied refugee status by the South African Department of Home Affairs.

Homosexuality is punishable by 14 years imprisonment in Zambia where sections 155 to 157 of the Penal Code says “carnal knowledge of any person against the order of nature” is a felony. This provision dates from when Zambia was Northern Rhodesia and part of the homophobic British Empire.

Anold Mulaisho realised he was gay when he was 14 at boarding school. In January 2016 he started working for the Zambian Department of Water Affairs but made the mistake a few months later of telling his boss that he was gay and had a boyfriend. The news spread rapidly and he had to leave Zambia in a hurry as he feared being arrested.

He entered South Africa in January 2017 on a bus from Zimbabwe and on arrival in central Johannesburg he received a typical South African welcome: he was robbed, and lost his laptop.

Since 1 July 2017, Anold (then just 22) has had to go often to the Department of Home Affairs in downtown Pretoria, sometimes being given an Asylum Seeker Temporary Permit valid for only one week.

In a sworn affidavit about this case, Anold says, “I was interviewed by a male officer…(who) asked me why I was there. I said because of my sexual orientation. The officer laughed and called another officer. They both laughed….. The officer (said)… that if I claim to be a ‘gay’, why is it that I am not wearing make-up…. He asked if I have sex – am I the woman or the man?”

The contents of the affidavit clearly call into question the qualifications and/or training of staff of the Department of Home Affairs to deal with asylum applications by gay people.

The news spread rapidly and he had to leave Zambia in a hurry as he feared being arrested.

On 30 January 2018 Anold received the decision by Home Affairs which said that his application for asylum was rejected because it is fraudulent. The written reasons given for this rejection were:

  1. He did not play with boys but preferred to play with girls. The officer said in the document that a person who is gay would not enjoy the company of girls.
  2. He would not have chosen to be gay if he was in pain after a rape incident. (He was raped at school)
  3. He could not name LGBT organisations in Zambia. (There are none!)
  4. He failed to give contact details of a previous lover.
  5. That he could not have become a gay and be a Christian. He cannot be gay because Zambia is a Christian country.
  6. He left Zambia to enter the sex work business.

Anold is at present working towards a way forward on the decision made by Home affairs with the assistance of Access Chapter 2, a non-governmental organisation that promotes and advocates for the human rights of LGBTI people, including migrants and refugees.

They are working closely with the Desmond Tutu Refugee Reception centre to sort out Anold’s legal documents. Almost any competent lawyer should be able to trash the ridiculous reasons given for the rejection of his asylum application.

Anold’s dearest wish is to be accepted as a gay refugee in South Africa, and he deserves our help and support.

SOURCE: Gavin Hayward for Exit Newspaper


    • This boy is just an economic refugee.

      There are many gay people in Zambia and they go on about their business without being arrested.

      Now that he has brought himself unwanted attention, he will be arrested on his return and thrown in jail.

      In prisons, homosexuality is rife, so I guess he can be gay in prison without fear of being arrested.

      Problem solved, and everyone is happy.

    • Lusaka times please find news not these childish Facebook gossip and attention seeking stories…..i told you LT focus on Mozambique,Zimbabwe and Malawi……plenty worthy news there our brothers and sisters need help

    • The writer of this article seems sympathetic to this homosexual guy. Zambia should never entertain this sickness. Let him go to another country where this lifestyle is accepted. We don’t want this decadent Western lifestyle in Zambia.

    • It went to wrong country where it/he should have gone to UK.
      Infact RSA could have helped him take his life fast.

    • Doesn’t make any sense…who wants to arrest him? You think RSA can give him papers just like that…let’s not turn into Nigerians who go to Canada from US and claim they are running away from Bako..

    • It is not illegal to be gay in Zambia. You can have it with a man as long as you are not caught in the act. Rape is illegal but many people have done it and got away with it because the victim did not complain and even if they do, there must be evidence that penetration in a private part did occur with the consent of the victim. The only issue with gayness is that you can be entrapped by the state if you are too vocal and the other person may testify against you. That is why some people are being paid hush money right now. If you want to survive as a gay man, join the ruling party and become a cadre. They will keep your secret. If nobody knows, nobody cares.

    • Gays! They will never stop to amaze me. You need asylum in another country because you want to continue being a S0DOMITE and continue spreading HIV. South Africa may be tolerant to S0D0MITES on paper but at the end of the day, they are personally resentful of them.

  1. Let him go to where such madness is tolerated. God knew why he made male and female, therefore the laws of nature can not and will not be changed. They guy needs prayers.

    • What about people BORN with both female and male sexual organs? Was “Gods” plan for them to Fück themselves?

    • Ambiguous genitalia (also known as atypical genitalia ) is a birth defect (or birth variation) of the sex organs that makes it unclear whether an affected newborn is a girl or boy. … The baby seems to have a mixture of both female and male parts – for example, they may have both a vulva and testicles. People whose characteristics are not either all typically male or all typically female at birth are intersex. Some intersex traits are not always visible at birth; some babies may be born with ambiguous genitals, while others may have ambiguous internal organs (testes and ovaries) the question now is what would you do if your child was born with both sex organs?

  2. Read the legal provision again. Being gay is not illegal in Zambia. It is the act of having sex with another person of the same sex. At best, he could have sued that boss for speculation. Its amazing how Zambians think gay people will go away. They’re there in your families, at workplaces, in your sports teams, at church, in medical professions and even in politics. But guess what? We don’t see them for two reasons – they’re scared of being seen and pretend to be straight & they look like the average guy. Please don’t be fooled by the effeminate guys and think all gay people look like that. The vast majority look very heterosexual, have wives and girlfriends.
    Not discussing this issue will never make it go away. Clearly the law will never make them go away. So how then do we address…


    Application for refugee status is done outside SA.
    There are no Zambian refugees anywhere in the world.
    Gays are not discriminated in SA, same rights.


  4. I fail to make sense out of the story. Just one thing, was Anold chased or decided on his own to flee the country? Nothing makes sense here.

  5. Ba LT, you are quick to removed simple words from comments but want us to start supporting Homos. Has Fred Mmembe joined your editorial team to start promoting such silly stories. By the way how did Kabimba and Fred relationship story end.

  6. South Africa RECOGNISES the rights of Gay people. The reasons for the refusal are hilarious, they cannot be serious for anyone dealing with Homosexuality in SA. SA has full rights for Homosexuals, this story does not make much sense. He is probably there for other reasons or he messed up his own case.

  7. Where is Jay Jay and Sharon and Nubian princess, the most wise people on earth with something to say???? Let them comment in this issue.

  8. If u go to zambian embassy, you will still be arrested and brought to Zambia for straight 14 yrs jail. All borders are open for you back home but once in will be closed permanently.

  9. These boys and girls at same sex school are prone to having an opposite natural sexual desire…they need counselling…i know some people have become Homos because of being at such school.

  10. “Anold Mulaisho realised he was gay when he was 14 at boarding school. In January 2016 he started working for the Zambian Department of Water Affairs but made the mistake a few months later of telling his boss that he was gay and had a boyfriend. The news spread rapidly and he had to leave Zambia in a hurry as he feared being arrested.”

    Zambia needs to either end single sex boarding schools, or hire a lot of counselors at these schools.

  11. Young man should just come back and get a job at one of these banks or telcos, loads of gay guys there who will welcome him with open arms and legs.

  12. From most comments the so strong and condemn with the strongest contempt. BUT how came we entertain thieves in this country, if we were strong on thieves like this Zambia will be nice

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