Simon Nkoli and the Constitutional Protection of Sexual Orientation in South Africa: A Study of Dissident Courage in Advocacy

ABSTRACT∞ While on trial for treason against the apartheid government, Simon Tseko Nkoli came out as gay to his fellow trialists. Simon’s courageous assertion of his sexuality alongside his Blackness deeply affected his comrades within the anti-apartheid movement. As a result, as South Africa began its transition to democracy, queer activists and lawyers were able to successfully campaign for the inclusion of sexual orientation as a protected characteristic in South Africa’s Constitution – a world first. Simon embodied a proudly defiant and dissident sexuality. His legacy of courageous confrontation and insistence on his own integrity remains important for queer struggles today.