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Southern Africa: Strategic litigation across the Marang Fund countries

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Southern Africa: Strategic litigation across the Marang Fund countries

Across the five Marang Fund countries, strategic litigation continues to remind us that justice does not always arrive with a loud knock at the door. Sometimes it comes through a court filing, a policy brief, a quiet stakeholder meeting, a survivor-centred referral pathway, or a partner saying, “Let us document this properly, because one day this evidence will matter.”

This month, the Marang Fund celebrates the steady, brave and careful work being led by partners in Botswana, Lesotho, Madagascar, Mauritius and Namibia. While each country is moving through a different legal and political context, the regional direction is clear: communities are building power, partners are strengthening evidence, and the movement is preparing itself to use the law where it can protect, repair and transform.

Across the Marang Fund, not every country is litigating in the same way, and not every context is ready for court action at the same time. That is not weakness; it is strategy.

In some places, the work is in the courts. In others, it is in stakeholder engagement, evidence generation, parliamentary advocacy, safe spaces, media work, survivor support, or coalition-building. Together, these efforts form a regional justice ecosystem. Each country carries a piece of the same promise; that LGBTIQ people deserve dignity, safety, recognition and equal protection under the law.

The Marang Fund remains committed to walking with partners through every stage of this work, from the first community consultation to the final judgement, from the quiet meeting to the public campaign, from the difficult case to the joyful day when someone finally receives a document, a remedy, or recognition that should never have been denied.

The law can be slow; sometimes it even behaves like it is walking to the office in flip-flops. However, the movement is not standing still. Across Southern Africa, partners are organising, documenting, protecting, challenging and imagining better futures into being. That is strategic litigation in its fullest sense, not only going to the courtroom but also building the conditions for justice to arrive and stay.
 

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