Quotable Quotes

Justice Michael Leburu
Justice Michael Leburu

The three judges in this week’s historic ruling on the decriminalisation of same sex conduct, issued a comprehensive judgement likely to be thoroughly studied in future.

Mmegi picks a few excerpts from the 132-page judgement

“Should private places and bedrooms be manned by sheriffs to police what is happening therein?”

“It is trite that sexual intercourse is not just for purposes of procreation. It constitutes an expression of love and intimacy.”

“Sexuality is a wonderful gift from God. It is more than genital behaviour. It’s the way we embody and express ourselves in the world. But we cannot love another person intimately without embodying that love, without using our bodies. Sexual love is for the purpose of giving and receiving pleasure of deepening and strengthening the intimate union that exists. This can only be healthy and good if our behaviour is consistent with who we are and with whom we love, and when we are true to our own sexuality and orientation.” 

“Anal sexual intercourse is, generally associated with gay men, according to the applicant as a homosexual gratification and expression. Heterosexuals, according to him are spoilt for choice.”

“The court has no licence to read its own predilections and moral values into the Constitution, but it is required to consider the substance of fundamental right at issue and ensure contemporary protection of that right in the light of evolving standards of decency that mark the progress of a maturing society.”

“Consensual sex conduct per anus in my view is merely a variety of human sexuality.”

“As long as the applicant displays affection in private and consensually with another man, such conduct is not injurious to the public decency and morality.”

“Privacy is essential to who we are as human beings. It gives a person space to be himself/herself without judgment. It allows persons to think freely without hindrance and is an important element of giving people personal autonomy and control over themselves and those who know about them.”

“Arbitrary intrusion upon another’s solitude or private affairs is highly offensive and thus an invasion of privacy.”

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