Judge slams 'unintelligible, illogical babble' in gay asylum case

"Unintelligible, illogical babble." This is how a Western Cape high court judge described the reasoning of a home affairs official who rejected an application for asylum by a citizen of Chad who had been imprisoned in his home country for being gay.

- Tania Broughton

Judge Gayaat da Silva Salie set aside the rejection of the asylum application and ordered that it be heard afresh by another refugee status determination officer (RSDO) within six months.

The man, who is identified only as MAM in the judgment, said that he fled Chad after he had been arrested and served a year in jail, convicted under the country's “anti-homosexual” laws.

He came to South Africa on a visitor's visa in May 2023 and was involved in a relationship with a South African doctor.

Last year, he applied for asylum. His last interview was in September. He was then informed that his application had been rejected.

In his reasons, the RSDO gave a long explanation of the political system in Chad. He then recorded: “You were arrested and sentenced because of your sexual orientation and homosexuals are not allowed in your country. You stated that you were released by the court because you have use of a lawyer.

“When I assessed your information concerning homosexuals, there’s a separation of powers between the executive and the judicial power in terms of homosexual laws.

“The government does not allow same-sex relations and the courts released the offenders. Therefore your application has been rejected as unfounded,” he said.