FXI supports the right of gay and lesbian people to march in their outfits
by Freedom of Expression Institute (FXI).
Originally published: 17 September 2004.
The Freedom of Expression Institute (FXI) fully supports the right of gay and lesbian people to peacefully assemble and demonstrate wearing whatever clothing or attire they deem appropriate to express themselves in. Recent media reports have warned that the Johannesburg Metropolitan Police Department have said it will not allow drag queens to participate in the march if they wear any form of disguise that obscures their facial features. In addition, the reports have stated that the metro police have threatened to arrest anyone who contravenes this directive. Authority for this prohibition is said to be the apartheid era Regulation of Gatherings Act (No 205 of 1993).
It is the height of irony that almost a decade since the Act became operational (November 1996), and a whole fifteen years since the annual Gay and Lesbian Pride Parade began, it is the first time that local authorities have thought it significant to prohibit the wearing of disguises by drag queens in the march. The Johannesburg Metropolitan Police can produce no evidence either in the distant or recent past, when marchers broke the law, or engaged in acts of violence or even disturbed the peace.
FXI has been concerned for some time at the way in which local authorities and police use the Gathering Act's restrictive provisions to frustrate the right of individuals to assemble and express themselves peacefully. This has led the institute to commission a legal opinion on the Act, which has found that some of its provisions are constitutionally wanting. The opinion has also stated that there are serious concerns in the way local authorities deliberately misinterpret the Act's provisions and many a time, these authorities have acted beyond the powers granted to them by the law. FXI is currently looking into ways of bringing a constitutional challenge against the Act.
FXI will provide any support that may be necessary to ensure that gay and lesbian people including drag queens who wish to participate in this year's Pride Parade do so in full exercise of their constitutionally protected rights of freedom of expression, assembly and demonstration.