LGBT rights in South Africa

===Post-apartheid era===
[[File:Gay Flag of South Africa.svg|thumb|right|alt=Gay pride flag of South Africa|Gay pride flag of South Africa]]
In 1993, the [[African National Congress]], in the ''Bill of Rights'',{{efn|{{lang-zu|Umqulu Wamalungelo}}; {{lang-xh|Umqulu Wamalungelo}}; {{lang-af|Handves van regte}}; {{lang-nso|Molao wa Ditokelo}}; {{lang-tn|Molaotlhomo wa Ditshwanelo}}; {{lang-st|Bili ya Ditokelo}}; {{lang-ts|Nawumbisi wa Timfanelo}}; {{lang-ss|LuCwebu LwemaLungelo ELuntfu}}; {{lang-ve|Mulayotibe wa Pfanelo}}; {{lang-nr|UmTlolo WamaLungelo WobuNtu}}}} endorsed the legal recognition of same-sex marriages,<ref>{{cite web |url=http://www.anc.org.za/show.php?id=231 |title=A Bill of Rights for a New South Africa |access-date=2015-04-02 |url-status=dead |archive-url=https://web.archive.org/web/20150319202442/http://anc.org.za/show.php?id=231 |archive-date=19 March 2015 |df=dmy-all }}</ref> and the interim Constitution prohibited discrimination on the basis of sexual orientation. These provisions were kept in the new Constitution, approved in 1996, due to the lobbying efforts of LGBT South Africans.<ref>{{cite journal |last1=de Ru |first1=H. |title=A historical perspective on the recognition of same-sex unions in South Africa |journal=Fundamina |date=February 2013 |volume=19 |issue=2 |pages=221–250 |url=http://www.scielo.org.za/scielo.php?script=sci_abstract&pid=S1021-545X2013000200003 }}</ref> As a result, South Africa became the first nation in the world to explicitly prohibit discrimination based on sexual orientation in its constitution. Two years later, the [[Constitutional Court of South Africa]] ruled in [[National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Others|a landmark case]] that the law prohibiting homosexual conduct between consenting adults in private violated the Constitution.

In 1994, during his inauguration speech as president, [[Nelson Mandela]] stated the following:<ref>{{cite web|url=https://www.southafrica.to/people/Quotes/NelsonMandela/Nelson-Mandela-inauguration.htm|title=Nelson Mandela's inauguration speech|work=The Department of Information and Publicity|date=9 May 1994}}</ref>
{{cquote|In 1980s the African National Congress was still setting the pace, being the first major political formation in South Africa to commit itself firmly to a Bill of Rights, which we published in November 1990. These milestones give concrete expression to what South Africa can become. They speak of a constitutional, democratic, political order in which, regardless of colour, gender, religion, political opinion or sexual orientation, the law will provide for the equal protection of all citizens.}}

The [[gay pride flag of South Africa]], designed by Eugene Brockman,<ref>{{cite web|title=Who are we?|url=http://gayflagofsouthafrica.co.za/who-we-are/|archive-url=https://web.archive.org/web/20120319225050/http://gayflagofsouthafrica.co.za/who-we-are/|archive-date=19 March 2012|website=Gay Flag of South Africa}}</ref><ref name=Nathan>{{cite web|last1=Nathan|first1=Melanie|title=South Africa first to recognize gay flag as an official national symbol|date=6 October 2012|url=http://www.lgbtqnation.com/2012/10/south-africa-first-to-recognize-gay-flag-as-an-official-national-symbol/|website=LGBTQ Nation|access-date=18 July 2014|archive-url=https://web.archive.org/web/20140408201919/http://www.lgbtqnation.com/2012/10/south-africa-first-to-recognize-gay-flag-as-an-official-national-symbol/|archive-date=8 April 2014|url-status=live}}</ref> is a hybrid of the [[Rainbow flag (LGBT movement)|LGBT rainbow flag]] and the [[Flag of South Africa|South African national flag]] launched in 1994 after the end of the [[apartheid]] era.<ref>{{cite news|last1=Williams|first1=Denise|title=Gay flag for a 'queer' South Africa|url=http://www.timeslive.co.za/thetimes/2012/10/08/gay-flag-for-a-queer-south-africa|access-date=20 July 2014|work=Times LIVE|date=8 October 2012|archive-url=https://web.archive.org/web/20130619105353/http://www.timeslive.co.za/thetimes/2012/10/08/gay-flag-for-a-queer-south-africa|archive-date=19 June 2013|url-status=live}}</ref> Brockman said "I truly believe we (the LGBT community) put the dazzle into our [[rainbow nation]] and this flag is a symbol of just that".<ref name=CTPride/> The stated purposes of the flag include celebrating legal [[same-sex marriage in South Africa]] and addressing issues such as [[Heterosexism|discrimination]], [[homophobia]], [[corrective rape]] and [[hate crime]]s.<ref>{{cite web|last1=Berry|first1=Bruce|title=Gay flag in South Africa|url=http://www.crwflags.com/fotw/flags/za-gay.html|date=25 January 2011|website=FOTW|access-date=21 July 2014|archive-url=https://web.archive.org/web/20130306112916/http://www.crwflags.com/fotw/Flags/za-gay.html|archive-date=6 March 2013|url-status=live}}</ref> The flag is a [[gay pride]] symbol that aims to reflect the freedom and diversity of the South African nation and build pride in being an LGBT South African.<ref name=CTPride>{{cite web|url=http://capetownpride.org/news/news/59-south-african-gay-flag-revealed-at-mcqp/|title=South African Flag Revealed at MCQP|date=22 December 2010|publisher=Cape Town Pride|access-date=4 April 2011|archive-url=https://web.archive.org/web/20110809150001/http://capetownpride.org/news/news/59-south-african-gay-flag-revealed-at-mcqp/|archive-date=9 August 2011}}</ref><ref name=QueerlifeSA>{{cite web|title=South Africa Gets Own Gay Flag|url=http://www.queerlife.co.za/test/news/jan2011/6038-south-africa-gets-own-gay-flag.html|date=January 2011|website=Queerlife South Africa|access-date=18 July 2014|archive-url=https://web.archive.org/web/20120316234415/http://www.queerlife.co.za/test/news/jan2011/6038-south-africa-gets-own-gay-flag.html|archive-date=16 March 2012|url-status=dead|df=dmy-all}}</ref><ref>{{cite web|title=Gay Flag of South Africa|url=http://gayflagofsouthafrica.co.za/|archive-url=https://web.archive.org/web/20110727183557/http://gayflagofsouthafrica.co.za/|archive-date=27 July 2011}}</ref><ref>{{cite news |title=SA to recognise gay flag |url=http://www.iol.co.za/news/south-africa/sa-to-recognise-gay-flag-1.1397735#.U8wExeOSyyg |access-date=20 July 2014 |work=IOL |agency=SAPA |date=6 October 2012 |archive-url=https://web.archive.org/web/20150618235759/http://www.iol.co.za/news/south-africa/sa-to-recognise-gay-flag-1.1397735 |archive-date=18 June 2015 |url-status=live |df=dmy }}</ref>

In 1998, Parliament passed the ''Employment Equity Act''. The law protects South Africans from labour discrimination on the basis of sexual orientation, among other categories.<ref>{{Cite web|url=http://www.labour.gov.za/act/section_detail.jsp?legislationId=5954&actId=8191&sectionId=8327|archive-url=https://web.archive.org/web/20050313175936/http://www.labour.gov.za/act/section_detail.jsp?legislationId=5954&actId=8191&sectionId=8327|url-status=dead|title=Homosexuality and Labour Laws in South Africa|archive-date=13 March 2005}}</ref> In 2000, similar protections were extended to public accommodations and services, with the commencement of the ''[[Promotion of Equality and Prevention of Unfair Discrimination Act 2000|Promotion of Equality and Prevention of Unfair Discrimination Act]]''.<ref>{{Cite web|url=http://www.parliament.gov.za/pls/portal/web_app.utl_output_doc?p_table=acts&p_doc_col=act_doc&p_mime_col=mime_type&p_id=50977|archive-url=https://web.archive.org/web/20050902235325/http://www.parliament.gov.za/pls/portal/web_app.utl_output_doc?p_table=acts&p_doc_col=act_doc&p_mime_col=mime_type&p_id=50977|url-status=dead|title=Promotion of Equality and Prevention of Unfair Discrimination Act|archive-date=2 September 2005}}</ref>

In December 2005, the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender from marrying when it was permitted to people of the opposite gender, and gave the South African Parliament one year to pass legislation which would allow same-sex unions. In November 2006, the [[National Assembly of South Africa|National Assembly]] voted 229–41 for a bill allowing same-sex civil marriage, as well as civil partnerships for unmarried opposite-sex and same-sex couples. However, civil servants and clergy can refuse to solemnise same-sex unions.<ref>{{Cite web|url=http://www.dha.gov.za/documents/act17.pdf|title=Same Sex Civil Marriage|access-date=1 January 2007}}{{dead link|date=June 2023|bot=medic}}{{cbignore|bot=medic}}</ref> Not all ANC members supported the new law. Former South African President [[Jacob Zuma]] was among its most outspoken opponents, claiming in 2006 that "when I was growing up, an ungqingili ([[Zulu language|Zulu]] term describing a homosexual) would not have stood in front of me. I would knock him out."<ref>{{cite web|url=https://login.thetimes.co.uk/?gotoUrl=http://www.thetimes.co.uk/tto/news/politics/|title=Login|access-date=26 January 2017}}</ref> Unlike Zuma, his successor [[Cyril Ramaphosa]] is considered LGBT-friendly and has a positive record regarding LGBT people and their rights. In 2017, he said in a recorded videoclip to celebrate [[LGBT History Month]]: "It is a sad truth that in our nation the LGBTI community are amongst the most vulnerable and marginalised. They suffer discrimination, violence and abuse. We must as a nation do better than what we are now. We are all born the way we are. We need to support, embrace and respect each other. When we treat each other with dignity, we are all more dignified. When we treat each other with respect, we are all more respected. It is upon us all to contribute to the creation of a more just, equal and safe society. Every South African must hold themselves, our communities, our institutions and our government accountable for upholding our laws and for protecting the rights of all in South Africa."<ref>{{cite web|url=https://www.thesouthafrican.com/lgbt-rights-cyril-ramaphosa-jacob-zuma/|title=LGBT rights: Why Cyril Ramaphosa is a massive step up from Jacob Zuma|work=thesouthafrica.com|date=22 February 2018|last=Head|first=Tom}}</ref><ref>{{cite web|url=https://www.pinknews.co.uk/2018/02/15/south-africa-president-cyril-ramaphosa-lgbt-rights/|title=What does South Africa's new President Cyril Ramaphosa think about LGBT rights?|work=PinkNews|date=15 February 2018|last=Duffy|first=Nick}}</ref>

In 2019, Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying:<ref>{{cite web|url=https://www.mambaonline.com/2019/05/26/ramaphosa-includes-gay-community-in-inauguration-speech-now-its-time-for-action/|title=Cyril Ramaphosa has included lesbian and gay people in his presidential inauguration speech. It's a rare and welcome occasion in Africa but are his words enough?|work=Mambaonline|date=26 May 2019|last=DeBarros|first=Luiz}}</ref>
{{cquote|Let us end the dominion that men claim over women, the denial of opportunity, the abuse and the violence, the neglect, and the disregard of each person’s equal rights. Let us build a society that protects and values those who are vulnerable and who for too long have been rendered marginal. A society where disability is no impediment, where there is tolerance, and where no person is judged on their sexual orientation, where no person suffers prejudice because of the colour of their skin, the language of their birth or their country of origin.}}