NEWS Drag Queens express their constitutional rights September 17, 2004 JOHANNESBURG — Lesbian, gay, bisexual, transgendered and intersex (LGBTI) organizations across South Africa have issued a joint statement in reaction to Johannesburg's metro police's declaration that they will be arresting drag queens participating in this year's Lesbian and Gay Pride parade, which, by their interpretation of this 11 year old law, would also allow them to arrest rugby supporters with painted faces for concealing their identity. The Lesbian and Gay Equality Project, Pretoria's OUT, Johannesburg's Forum for the Empowerment of Women, Cape Town's Triangle Project, and the Durban Lesbian and Gay Health Centre have stated that the interpretation by the Johannesburg metro police of the Regulation of Gatherings Act, No 205 of 1993, Section 7 is blatantly unconstitutional as it unjustifiably limits a whole host of rights. The statute, whose purpose is to prevent individuals in a protest action being involved in criminal activity by concealing their identity, states that "No person shall at any gathering or demonstration wear a disguise or mask or any other apparel or item which obscures his facial features and prevents his identification". It is quite apparent that it should be interpreted in the light of a decade of democracy and when read with the Constitution. The basis for Johannesburg metro police's decision to arrest drag queens at the PRIDE march on 25 September, according to Chief Superintendent Wayne Minnaar, is to ensure consistency. "The issue, however, is not one of consistency but rather one of interpreting and applying the law in line with the Constitution," said the Director of The Equality Project, Evert Knoesen: "If this was indeed the case – to ensure consistency – then why have the past 14 PRIDE marches been conducted without any threat of possible arrests of drag queens? Hitherto there was never any consideration given to arresting anyone on such a flimsy premise. The police are required to apply their mind when interpreting laws of this nature, as well as our Constitution, which is founded on fundamental values of human dignity, the achievement of equality and the advancement of human rights and freedoms and which supersedes this Regulation of Gatherings Act, and was promulgated even before South Africans achieved their freedom in 1994," he said. "Drag Queens are an intrinsic part of our sub-culture and are a more visible and vocal element, and it is for this reason that many spectators actually attend the Lesbian and Gay PRIDE march. They pose no threat to society, and in fact many of them are full time entertainers and enjoy a large and loyal following. Surely the metro police could redirect their misplaced enthusiasm and scarce resources to a more beneficial end by arresting thieves, rapists and murderers –thereby providing the service they should be," said Dawie Nel, The Director of OUT, a lesbian, gay and bisexual wellness organization which has conducted extensive research into the negative psychological impact discrimination on the basis of sexual orientation has had on members of this community. "The safety, security and fundamental human rights of members of our community will not be compromised or undermined in anyway during this year's PRIDE march, or at any other time. Our mandate as The Equality Project is to provide access to justice for those discriminated against and we will vigorously defend these constitutional rights. While we are currently involved in dialogue with the Mayor's office to highlight the futility and inherent attack on basic human rights such an action by the metro police would signify, we fully intend to intervene at every level available to us to prevent such an unconstitutional exploitation of a regulation that has no relevance in a modern democracy,' said Wendy Isaacks, legal advisor at The Equality Project. The proposed action by Johannesburg's metro police is in conflict with the Government's progressive stated policy of embracing and including all members of the lesbian and gay community. Discrimination against lesbian and gay people violates the principles of equality and respect for inherent human dignity. It acts as an obstacle to the full and equal participation of lesbian and gay people in all aspects of civil and political life," said the Director of The Equality Project, Evert Knoesen. – Issued by The Lesbian and Gay Equality Project Related stories Police Rain On Gay Parade [15/09/2004]