An open letter to Gay, Lesbian, Bisexual and Transgendered people
Just over a year ago, my life-partner Henry went out with a friend to Melville on a "jol". Because I had to work early the next morning, I remained at home with our animals for an early night.
During the course of the evening, they visited a number of bars in the area, ending up at a well known watering hole, where they were approached by one Mzwai, who offered them a taste of "liquid e". Neither Henry, nor his friend had any experience of this substance, but proceeded to the car outside, where Mzwai passed round the drink.
At no time did he explain that the combination of this substance, otherwise known as "G" or "GHB" was lethal in combination with alcohol, which they had both enjoyed earlier in the evening.
Both Henry and his friend passed out in the car.
Mzwai disappeared.
When HenryÅfs friend came to some hours later, he discovered Henry's lifeless body in the back of the car. The combination of alcohol and GHB had caused respiratory failure.
He drove home at speed and attempted to overdose himself. Luckily for him, friends came to his rescue.
After a fruitless search of hospitals and mortuaries the next morning, I found Henry's body in the back of the parked car. He had been there for 8 hours.
The police eventually arrived, and removed the body after I had identified him.
Henry's family arrived from Pretoria the next day, and started demanding"his" ("sy goed") possessions, his car. A number of items were removed against my will.
Henry had not gotten around to making a will, so I was not in a position to claim the estate, or so I thought..
The catalogue of horrors that followed, involved my being subjected to the family looting our home, demanding possessions (like the green bath mat !!) that were either not "his" at all, or jointly owned.
I was forced out of our home, which was sold from under me notwithstanding months of legal wrangling between the family appointed executor, and my own attorneys.
To be brief, I ended up in the High (Supreme) Court in Pretoria on 16 March 2006 where I was obliged to prove that Henry and I had enjoyed a life partnership, and that we had exercised a duty of reciprocal care one to the other, as if we had been married, were that legal instrument available to us at the time.
His family and their appointed executor opposed the application. All other respondents, including the minister of Justice, chose not to oppose the application.
I petitioned the Minister of Justice and the Court to declare the Intestate Succession Act (1987) unconstitutional, and to change it to include reference to same sex life partners where spouses were mentioned. This would make the Act consistent with the Constitution, and effectively, our relationship would be legally recognized, I would be declared his spouse, and heir to his estate.
I was successful !! I won my home back, all Henry's liabilities, all the removed possessions (besides his car, still not handed over) and, most importantly, the change in the law which will make it impossible or illegal for surviving same-sex spouses to be subjected to the same nightmarish experience of being ejected from their homes, at the same time trying to mourn the loss of the person they loved more than life.
The support of the press, television, and radio media has been astounding, particularly from far flung corners of the globe _ just doing a google search reveals nearly 10 pages of listings regarding the case, and an outpouring of support from places I never dreamt possible _ with one exception _ the South African Gay/Lesbian press and media.
While the story has been reported on in great detail by the mainstream South African press, "e" channel 7 o clock news (2x!), and every local radio station, there has been a deafening silence on the part of those who purport to reflect LBGT people and their concerns.
South African LBGT people live in the most constitutionally progressive country in the world bar none.
While much is made of the struggle for dignity and equality by "struggle" heroes against the scourge of apartheid, very little is acknowledged by the LBGT minority themselves.
The Intestate Succession Act (1987) which I (with the most able assistance of my legal team) have succeeded in changing, is the last of all the laws that discriminated against same-sex couples. In the last 11 years, all "gay" discriminatory laws have been successfully challenged, including, Marriage, adoption, The Pensions Act, The Medical Aid act, Insurance, you name it.
LBGT people are now acknowledged to be the equal counterparts of heterosexuals in the eyes of the law. (ref my judgement).
My question is this ; do LBGT people care enough about their own lives to establish and cherish what has been done on their behalf by a very select few people ?
Do they even know or value their rights under law in South Africa ?I know some do, but the massive majority take these things for granted. Next time you're in America or Britain, try and change the law, or even get married (for real!!). See how you do, just as an example.
In the interests of justice, my own lawyers and advocates were prepared to act on a contingency basis. This made it possible for me to pursue the matter without having to find in excess of a half a million rands.
Fortunately, they obtained a cost order against the first three respondents, which, if upheld by the Constitutional Court, will be paid out in another 8 months or so.
In the last 16 months, my legal team (a small two woman practice) has suffered
very real financial hardship because I was not in a position to pay them. I fought this on grounds of principle, and for no financial gain whatsoever, so did they, but telephone bills and bonds have to be paid!..
That's what it costs to change unjust laws _ do people know or care what has been done on their behalf ?
To add insult to injury, the police docket is closed as an "overdose" and Mzwai is still doing the bars and clubs, peddling his drugs with impunity. Who knows how many others may have died?
Predictably, the bar concerned denies and wrongdoing, and continues to trade as if nothing has happened.
I urge the "gay press" in South Africa to pay far greater attention the real issues, which, although less fun than parties, parades and social stuff, are life and death issues won at great cost to us all.
It really is time for each of us to acknowledge how truly fortunate we are.
On the 24 August 2006 at 10h00, 11 Constitutional Court judges will gather at the Constitutional Court, the highest Court in the land, to both consider and confirm the judgment passed by His Lordship Judge W.Hartzenberg in GORY vs KOLVER NO. If the judgement is confirmed, the Intestate Succession Act will be changed in Parliament.
If you cannot contribute to the cost involved, however modestly, please try and be there. If it's not possible or practical for you to be there, at a very minimum, please pause and acknowledge what is happening on your behalf at that very moment.
The complacency must end now.
MARK GORY
gorymark@yahoo.co.uk
From Knobtwiddler: If anyone would like to donate to the legal fund, please contact me separately for details on how.
