There has been a rise in the use of strategic litigation related to seeking equality for lesbian, gay, and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should, argues the author, treat LGB persons in the same way that heterosexuals are treated. In the past two decades, 30 strategic cases have been filed by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda.

The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to fit within the actual social and political conditions in their countries if strategic litigation is to spur social change.