LGBT rights in South Africa Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.Anti-spam check. Do not fill this in! {{Short description|none}} <!-- No short description per [[WP:SDNONE]] --> {{Use South African English|date=May 2012}} {{Use dmy dates|date=March 2020}} {{Infobox LGBT rights | location_header = [[South Africa]] | image = South Africa (orthographic projection).svg | caption = [[South Africa]] | legal_status = Male legal [[National Coalition for Gay and Lesbian Equality v Minister of Justice|since 1998]], female never illegal;<br/>age of consent equalised [[Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007|in 2007]] | gender_identity_expression = Change of legal gender permitted [[Alteration of Sex Description and Sex Status Act, 2003|since 2003]] | recognition_of_relationships = [[Same-sex marriage in South Africa|Same-sex marriage since 2006]] | adoption = Full adoption rights [[Du Toit v Minister of Welfare and Population Development|since 2002]] | military = Allowed to serve | discrimination_protections = Constitutional and statutory protections ([[#Discrimination protections|see below]]) }} {{LGBT rights}} Lesbian, gay, bisexual, and transgender (LGBT) people in [[South Africa]] have the same legal rights as non-LGBT people.<ref>{{Cite web |date=5 June 2023 |title=The 203 Worst (& Safest) Countries for LGBTQ+ Travel in 2023 |url=https://www.asherfergusson.com/lgbtq-travel-safety/ |access-date=20 August 2023 |website=Asher & Lyric}}</ref><ref>{{cite web |last1=Brown |first1=Vicki |title=LGBT South Africa holiday advice |url=https://www.responsibletravel.com/holidays/south-africa/travel-guide/lgbt-holidays-in-south-africa |website=[[Responsible Travel]] |access-date=2 October 2023}}</ref> South Africa has a complex and diverse history regarding the [[human rights]] of [[LGBT]] people. The legal and social status of between [[Demographics of sexual orientation|400,000–over 2 million]] lesbian, gay, bisexual, transgender and [[Intersex rights in South Africa|intersex]] South Africans has been influenced by a combination of traditional South African morals, [[Colonialism in Africa|colonialism]], and the lingering effects of [[apartheid]] and the [[human rights]] movement that contributed to its abolition.<ref name="auto">{{cite web|url=http://theotherfoundation.org/wp-content/uploads/2016/09/ProgPrudes_Report_d5.pdf|title=Progressive Prudes, A survey of attitudes towards homosexuality & gender non-conformity in South Africa|date=2016|website=The other foundation}}</ref> South Africa's post-apartheid [[Constitution of South Africa|Constitution]] was the first in the world to outlaw discrimination based on [[sexual orientation]], and South Africa was the fifth country in the world and the first in Africa to legalise [[same-sex marriage]]. Same-sex couples can also adopt children jointly, and also arrange [[In vitro fertilization|IVF]] and surrogacy treatments. LGBT people have constitutional and statutory protections from discrimination in employment, the provision of goods and services and many other areas. Nevertheless, LGBT South Africans, particularly those outside of the major cities, continue to face some challenges, including [[Violence against LGBT people|homophobic violence]] (particularly [[corrective rape]]), and high rates of [[HIV/AIDS]] infection. ==LGBT history in South Africa== {{See also|Timeline of LGBT history in South Africa}} Homosexuality and same-sex relations have been documented among various modern-day South African groups. In the 18th century, the [[Khoikhoi]] people recognised the terms {{lang|naq|koetsire}}, which refers to a man who is sexually receptive to another man, and {{lang|naq|soregus}}, which refers to same-sex masturbation usually among friends.<ref>{{Cite book |url=https://www.worldcat.org/oclc/39052346 |title=Boy-wives and female husbands : studies in African homosexualities |date=1998 |others=Stephen O. Murray, Will Roscoe, Bradley Rose, Will Roscoe |isbn=0-312-21216-X |edition=First |location=New York |oclc=39052346}}</ref> Anal intercourse and sexual relations between women also occurred, though more rarely. The [[Bantu peoples]], most notably the [[Zulu people|Zulu]],<ref name="Wilhelm 2004"/> [[Basotho]],<ref name="Epprecht 2003"/> [[Mpondo people|Mpondo]] and [[Tsonga people]], had a tradition of young men ({{lang|zu|inkotshane}} in [[Zulu language|Zulu]],<ref name="Wilhelm 2004"/> {{lang|st|boukonchana}} in [[Sotho language|Sesotho]],<ref name="Epprecht 2003">Marc Epprecht, ''Hungochani, Second Edition: The History of a Dissident Sexuality'' (2003, {{ISBN|0773588787 }}) page 3</ref> ''tinkonkana'' in Mpondo, and {{lang|ts|nkhonsthana}} in [[Tsonga language|Tsonga]], also known as "boy-wives" in English) who typically dressed as women (even wearing fake breasts), performed chores associated with women, such as cooking and fetching water and firewood, and had [[intercrural sex]] with their older husbands (''numa'' in Ndebele and Sesotho, and ''nima'' in Mpondo and Tsonga).<ref name="Wilhelm 2004">Amara Das Wilhelm, ''Tritiya-Prakriti: People of the Third Sex'' (2004, {{ISBN|145008057X}}), page 230</ref> In addition, they were not allowed to grow beards,<ref name="Wilhelm 2004"/> and sometimes they were not allowed to ejaculate. Upon reaching manhood, the relationship would be dissolved, and the boy-wife could take an ''inkotshane'' of his own if he so desired.<ref name="Wilhelm 2004"/><ref>{{Cite web|url=http://www.willsworld.org/africa.html|title=Boy-Wives and Female Husbands|website=www.willsworld.org}}</ref> These relationships, also known as "mine marriages"<ref name="Epprecht 2003"/> as they were common among [[Mining industry of South Africa|miners]], continued well into the 1950s.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/2014/mar/08/african-homosexuality-colonial-import-myth|title=The idea that African homosexuality was a colonial import is a myth|newspaper=The Guardian|date=8 March 2014|last1=Evaristo|first1=Bernardine}}</ref> They are usually discussed as homosexual relationships, though sometimes the boy-wives are discussed in the context of transgender experiences.<ref>Chantal Zabus, David Coad, ''Transgender Experience: Place, Ethnicity, and Visibility'' (2013, {{ISBN|1135135975}}), page 163</ref><ref>G. G. Bolich, ''Transgender History & Geography: Crossdressing in Context'' (2007, {{ISBN|0615167667}}), page 250</ref> Other Bantu peoples, including the [[Tswana people]],<ref>[https://76crimes.com/2013/07/26/botswana/ Botswana chiefs: 'Homosexuality has always been here']. ''Erasing 76 Crimes'', 26 July 2013</ref> and the [[Southern Ndebele people|Ndebele people]], had traditions of acceptance or indifference towards same-sex sexual acts. In these societies, homosexuality was not viewed as an antithesis to heterosexuality. There was widespread liberty to engage in sexual activity with both men and women.<ref>Scott Long, A. Widney Brown, Gail Cooper. ''More Than a Name: State-sponsored Homophobia and Its Consequences in Southern Africa'', Human Rights Watch, 2003</ref> In [[IsiNgqumo]], the term {{lang|zu|skesana}} refers to effeminate gay men who have sexual relations with men, or transgender women, although the two are not the same at all.{{lang|zu|injonga}} refers to masculine gay men.<ref>{{cite journal |last1=Msibi |first1=Thabo |last2=Rudwick |first2=Stephanie |title=Intersections of two isiZulu genderlects and the construction of ''skesana'' identities |journal=Stellenbosch Papers in Linguistics Plus |date=3 September 2015 |volume=46 |pages=51–66 | doi=10.5842/46-0-616 |doi-access=free}}</ref> Sexual intercourse between men was historically prohibited in South Africa as the [[common law crime]] of "[[sodomy]]" and "unnatural sexual offence", inherited from the [[Roman-Dutch law]].<ref name="goodman">{{cite journal |last1=Goodman |first1=Ryan |title=Beyond the Enforcement Principle: Sodomy Laws, Social Norms, and Social Panoptics |journal=California Law Review |date=2001 |volume=89 |issue=3 |pages=643–740 |doi=10.2307/3481180 |jstor=3481180 |ssrn=269983 |url=https://lawcat.berkeley.edu/record/1117697/files/fulltext.pdf }}</ref><ref>{{cite book |title=Principles of Criminal Law |last1=Burchell |first1=Jonathan |last2=Milton |first2=John |year=1991 |publisher=Juta |location=Cape Town |edition=1st |pages=571–572}}</ref><ref>{{cite book |last=Milton |first=John |title=South African Criminal Law and Procedure: Common-law crimes |year=1996 |publisher=Juta |location=Cape Town |edition=3rd |isbn=978-0-7021-3773-0 |pages=223–228}}</ref> [[Section 20A|A 1969 amendment]] to the ''[[Immorality Act, 1957|Immorality Act]]'' prohibited men from engaging in any erotic conduct when there were more than two people present.<ref name="botha">{{cite book |first1=Kevan |last1=Botha |first2=Edwin |last2=Cameron |author-link2=Edwin Cameron |editor1-first=Donald J. |editor1-last=West |editor2-first=Richard |editor2-last=Green |title=Sociolegal Control of Homosexuality: A Multi-Nation Comparison |url=https://archive.org/details/sociolegalcontro00west |url-access=limited |chapter=South Africa |year=1997 |publisher=Plenum Press |location=New York |isbn=978-0-306-45532-2 |pages=[https://archive.org/details/sociolegalcontro00west/page/n41 23]–26}}</ref> In the 1970s and the 1980s, LGBT activism was among the many human rights movements in the nation, with some groups only dealing with LGBT rights and others advocating for a broader human rights campaign. In 1994, male same-sex conduct was legalised, female same-sex conduct never having been illegal (as with other former British colonies). At the time of legalisation, the age of consent was set at 19 for all same-sex sexual conduct, regardless of gender. In May 1996, South Africa became the first jurisdiction in the world to provide constitutional protection to [[LGBT]] people, via [[Section 9 of the Constitution of South Africa|section 9(3)]] of the [[South African Constitution]], which disallows discrimination on race, gender, sexual orientation and other grounds. Since 16 December 2007, all discriminatory provisions have been formally repealed. This included introducing an equalised [[Age of consent in Africa|age of consent]] at 16 regardless of sexual orientation, and all sexual offences defined in [[gender-neutral]] terms.<ref>{{cite web|url=https://www.ageofconsent.net/world/south-africa|title=South Africa Age of Consent & Statutory Rape Laws|website=www.ageofconsent.net}}</ref><ref>{{Cite web|url=http://www.justice.gov.za/legislation/acts/2007-032.pdf|title=Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007}}</ref> ===Apartheid era=== Under South Africa's ruling [[National Party (South Africa)|National Party]] from 1948 to 1994, homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political activists.<ref>{{cite news| url=http://news.bbc.co.uk/2/hi/africa/190268.stm | work=BBC News | title=Gay rights win in South Africa | date=9 October 1998 | access-date=23 December 2014}}</ref> In January 1966, the [[Forest Town raid]] on a large party in [[Forest Town, Gauteng]] led to further restrictions on gay and lesbian South Africans.<ref>{{Cite web|last=Pushparagavan|first=Dixson|title=The History of LGBT Legislation|url=https://www.sahistory.org.za/article/history-lgbt-legislation|access-date=2020-06-14|website=South African History Online}}</ref> Despite state opposition, several South African [[gay rights]] organisations formed in the late 1970s. However, until the late 1980s gay organisations were often divided along racial lines and the larger political question of apartheid. The Gay Association of South Africa (GASA), based in the Hillbrow district in central [[Johannesburg]], was a predominantly white organisation that initially avoided taking an official position on apartheid, while the Rand Gay Organisation was multi-racial and founded in opposition to apartheid.<ref>{{Cite web|url=http://www.boycottworldpride.org/id13.html|archive-url=https://web.archive.org/web/20060627035812/http://www.boycottworldpride.org/id13.html|url-status=dead|title=Homosexuality under Apartheid.<!-- Bot generated title -->|archive-date=27 June 2006}}</ref><ref>{{cite journal|title=Treatment of homosexuality during apartheid|first=Robert M.|last=Kaplan|date=16 December 2004|journal=BMJ|volume=329|issue=7480|pages=1415–1416|doi=10.1136/bmj.329.7480.1415|pmid=15604160|pmc=535952}}</ref> [[Hubert du Plessis]], one of the most prominent South African composers of the 20th century, was proudly and openly gay yet also a staunch supporter of the National Party and composed many nationalist works. He was outspoken about his sexuality, however, and appeared before Parliament in the late 1960s to protest the tightening of sodomy laws.<ref>James May (2011) Obituary – Hubert du Plessis, Journal of the Musical Arts in Africa, 8:1, 115-116, DOI: 10.2989/18121004.2011.652401</ref> In the country's 1987 general election, GASA and the gay magazine ''Exit'' endorsed the National Party candidate for Hillbrow, [[Leon de Beer]]. The campaign brought to a head the tensions between LGBT activists who overtly opposed apartheid and those that did not. De Beer was the National Party's first candidate to address gay rights, and advertised for his campaign in ''Exit''.<ref>{{cite journal|last=Conway|first=Daniel|title=Queering Apartheid: The National Party's 1987 'Gay Rights' Campaign in Hillbrow|journal=Journal of Southern African Studies|date=December 2009|volume=35|issue=4|pages=849–863|doi=10.1080/03057070903313210|s2cid=144525158}}</ref> It was the general opinion of the gay community of Hillbrow that their vote was the deciding factor in de Beer's ultimate victory.<ref>{{cite news |last= de Waal|first= Shaun|date= 1 September 1989|title=Everyone's chasing the Hillbrow gay vote |url=https://mg.co.za/article/1989-09-01-00-everyones-chasing-the-hillbrow-gay-vote |work= Mail & Guardian|access-date=1 September 2019}}</ref> From the 1960s to the late 1980s, the [[South African Defence Force]] forced white gay and lesbian soldiers to undergo various medical "cures" for their sexual orientation, including [[sex reassignment surgery]].<ref>{{cite web|url=http://www.thegully.com/essays/africa/000825sexchange.html|title=The GULLY - Africa - Apartheid Military Forced Gay Troops into Sex-Change Operations|access-date=26 January 2017}}</ref> The treatment of gay and lesbian soldiers in the South African military was explored in a 2003 documentary film, titled ''[[Property of the State]]''. Organisations such as the [[Organisation of Lesbian and Gay Activists]] (OLGA) worked with the [[African National Congress]] to include protections for LGBT people in the new Constitution of South Africa.<ref name=":3">{{Cite journal|last=Nicol|first=Julia|date=1991|title=Organisation of Lesbian and Gay Activists|journal=Agenda: Empowering Women for Gender Equity|issue=11|pages=45–46|jstor=4547977|issn=1013-0950}}</ref><ref>{{Cite journal|last=Thoreson|first=Ryan Richard|date=2008|title=Somewhere over the Rainbow Nation: Gay, Lesbian and Bisexual Activism in South Africa|journal=Journal of Southern African Studies|volume=34|issue=3|pages=689–690|doi=10.1080/03057070802259969|jstor=40283175|s2cid=144424127|issn=0305-7070}}</ref> ===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§ionId=8327|archive-url=https://web.archive.org/web/20050313175936/http://www.labour.gov.za/act/section_detail.jsp?legislationId=5954&actId=8191§ionId=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.}} ==Legality of same-sex sexual activity== On 4 August 1997, in the case of ''S v Kampher'', the [[Cape Provincial Division]] of the [[High Court of South Africa|High Court]] ruled that the common-law crime of [[sodomy law|sodomy]] was incompatible with the constitutional rights to equality and privacy, and that it had ceased to exist as an offence when the [[Interim Constitution of South Africa|Interim Constitution]] came into force on 27 April 1994. Strictly speaking, this judgment only applied to the crime of sodomy and not to the other laws criminalising sex between men, and it was also only binding precedent within the area of jurisdiction of the Cape court. On 8 May 1998, in the case of ''[[National Coalition for Gay and Lesbian Equality v Minister of Justice]]'', the [[Witwatersrand Local Division]] of the High Court ruled that the common-law crimes of sodomy and "commission of an [[unnatural act|unnatural sexual act]]", as well as [[Section 20A]] of the ''[[Sexual Offences Act, 1957|Sexual Offences Act]]'', were unconstitutional.<ref>{{cite news |title=South African Court Ends Sodomy Laws |date=8 May 1998 |newspaper=The New York Times |url=https://www.nytimes.com/1998/05/09/world/south-african-court-ends-sodomy-laws.html |access-date=28 June 2011}}</ref> The Constitutional Court confirmed this judgment on 9 October of the same year.<ref>{{cite news |first=Donald G. |last=McNeil |title=South Africa Strikes Down Laws on Gay Sex |date=9 October 1998 |newspaper=The New York Times |url=https://www.nytimes.com/1998/10/10/world/south-africa-strikes-down-laws-on-gay-sex.html |access-date=28 June 2011}}</ref> The ruling applied retroactively to acts committed since the adoption of the Interim Constitution on 27 April 1994.<ref>{{cite news |first=Pat |last=Reber |title=South Africa Court Upholds Gay Rights |date=9 October 1998 |agency=Associated Press |url=http://www.glapn.org/sodomylaws/world/south_africa/sanews003.htm |access-date=28 June 2011}}</ref> While the ruling struck down the criminalisation of sex between men, it left untouched a separate provision contained in the''[[Sexual Offences Act, 1957|Sexual Offences Act]]'' which made it an offence for both men and women to engage in homosexual acts with someone aged under 19. As a result, the [[age of consent]] was set at 19 for homosexual acts and 16 for heterosexual acts. This was rectified in 2007 by the ''[[Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007|Criminal Law (Sexual Offences and Related Matters) Amendment Act]]'', which codified the law on sex offences in gender and orientation neutral terms and set 16 as the uniform age of consent.<ref>{{cite news |first=Niren |last=Tolsi |date=11 January 2008 |title=Is it the kiss of death? |newspaper=[[Mail & Guardian]] |url=http://mg.co.za/article/2008-01-11-is-it-the-kiss-of-death |access-date=28 June 2011}}</ref> In 2008, even though the new law had come into effect, the former inequality was declared to be unconstitutional in the case of ''[[Geldenhuys v National Director of Public Prosecutions]]'', with the ruling again applying retroactively from 27 April 1994.<ref>{{cite news |title=Consent judgment welcomed |newspaper=[[News24 (website)|News24]] |agency=[[South African Press Association|SAPA]] |date=26 November 2008 |url=http://www.news24.com/SouthAfrica/News/Consent-judgment-welcomed-20081126 |access-date=27 November 2011}}</ref> ==Recognition of same-sex relationships== [[File:Gay troue.jpg|thumb|Same-sex wedding in [[Langebaan]], 2007]] {{main|Same-sex marriage in South Africa}} On 1 December 2005, in the case of ''[[Minister of Home Affairs v Fourie]]'', the Constitutional Court ruled that it was unconstitutional for the state to deny same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation.<ref>{{cite news |title=Parliament ordered to allow gay marriage |date=1 December 2005 |newspaper=[[Mail & Guardian]] |url=http://mg.co.za/article/2005-12-01-parliament-ordered-to-allow-gay-marriage |access-date=10 July 2011}}</ref> On 30 November 2006, the ''[[Civil Union Act, 2006|Civil Union Act]]'' came into force; despite its title it does provide for same-sex marriages. This made South Africa the fifth country in the world and the first in Africa to legalize same-sex marriage.<ref>{{Cite journal |last1=Awondo |first1=Patrick |last2=Geschiere |first2=Peter |last3=Reid |first3=Graeme |date=2012 |title=Homophobic Africa? Toward A More Nuanced View |url=https://www.jstor.org/stable/43904852 |journal=African Studies Review |volume=55 |issue=3 |pages=145–168 |doi=10.1017/S0002020600007241 |jstor=43904852 |s2cid=145161021 |issn=0002-0206}}</ref> Indeed, the act allows both same-sex and opposite-sex couples to contract unions, and allows a couple to choose to call their union either a marriage or a civil partnership. Whichever name is chosen, the legal consequences are the same as those under the ''[[Marriage Act (South Africa)|Marriage Act]]'' (which allows only for opposite-sex marriages). Prior to the introduction of same-sex marriage, court decisions and statutes had recognised permanent same-sex partnerships for various specific purposes, but there was no system of domestic partnership registration. The rights recognised or extended by the courts include the duty of support between partners, immigration benefits, employment and pension benefits, joint adoption, parental rights to children conceived through artificial insemination, a claim for loss of support when a partner is negligently killed, and [[intestate]] inheritance. Rights extended by statute include protections against domestic violence and the right to family responsibility leave. ==Adoption and parenting== A number of High Court judgments have determined that the sexual orientation of a parent is not a relevant issue in decisions on child custody.<ref name="aba">{{cite journal |first=Wendy |last=Isaack |title=Equal in Word of Law: The Rights of Lesbian and Gay People in South Africa |journal=Human Rights |year=2003 |volume=30 |number=3 |pages=19–22 |url=http://www.americanbar.org/publications/human_rights_magazine_home/human_rights_vol30_2003/summer2003/hr_summer03_southafrica.html |access-date=13 May 2013}}</ref> In 2002, the Constitutional Court's ruling in ''[[Du Toit v Minister of Welfare and Population Development]]'' gave same-sex partners the same adoption rights as married spouses, allowing couples to adopt children jointly and allowing one partner to adopt the other's children.<ref>{{cite news |title=Lesbians, gays can adopt children |newspaper=[[News24 (website)|News24]] |date=10 September 2002 |url=http://www.news24.com/World/News/Lesbians-gays-can-adopt-children-20020910 |access-date=15 August 2011}}</ref> The adoption law has since been replaced by the ''[[Children's Act, 2005]]'', which allows adoption by spouses and by "partners in a permanent domestic life-partnership" regardless of orientation.<ref>{{cite web |url=http://www.centreforchildlaw.co.za/images/files/mediaguides/childrens_act_media_guide.pdf |title=A Media Guide to the Children's Act 38 of 2005 |publisher=Centre for Child Law; Media Monitoring Project |year=2008 |last=Donelly |first=Lynley |access-date=15 August 2011 |page=40 |archive-url=https://web.archive.org/web/20151019171622/http://www.centreforchildlaw.co.za/images/files/mediaguides/childrens_act_media_guide.pdf |archive-date=19 October 2015 |url-status=dead }}</ref> In 1997, [[artificial insemination]], which was previously limited to married women, was made legal for single women including lesbians.<ref name="aba" /> In the 2003 case of ''[[J v Director General, Department of Home Affairs]]'', the Constitutional Court ruled that a child born by artificial insemination to a lesbian couple was to be regarded as legitimate, and that the partner who was not the biological parent was entitled to be regarded as a natural parent and to be recorded on the child's birth certificate.<ref>{{cite news |title=Lesbians' twins 'legitimate' |newspaper=[[News24 (website)|News24]] |date=28 March 2003 |url=http://www.news24.com/SouthAfrica/News/Lesbians-twins-legitimate-20030328 |access-date=15 August 2011}}</ref> In November 2017, the [[National Assembly of South Africa|National Assembly]] passed the ''Labour Laws Amendment Act 10 of 2018'', introduced as a [[private member's bill]] by [[African Christian Democratic Party]] MP [[Cheryllyn Dudley]].<ref>{{cite web|url=https://www.timeslive.co.za/news/south-africa/2017-11-30-parental-leave-breakthrough-national-assembly-passes-bill/|title=Parental leave breakthrough: National Assembly passes bill|work=timeslive.co.za|date=30 November 2017}}</ref> It was signed into law by [[President of South Africa|President]] [[Cyril Ramaphosa]] in November 2018.<ref>{{cite web|url=https://www.timeslive.co.za/news/south-africa/2018-11-26-working-dads-now-entitled-to-10-days-leave-on-birth-of-a-child/|title=Working dads now entitled to 10 days' leave on birth of a child|work=timeslive.co.za|date=26 November 2018}}</ref> The law allows same-sex couples, as well as adoptive and surrogate parents, to take parental leave, and fathers will get at least 10 days paternity leave when a child is born or when an adoption order is granted. It also enables the adoptive parents of a child of under two years old to take an adoption leave of two months and two weeks consecutively. If there are two adoptive parents‚ one of them is entitled to adoption leave and the other is entitled to parental leave of 10 days. The same provision is made for commissioning parents in a surrogate motherhood agreement.<ref>{{cite web|url=https://www.dispatchlive.co.za/news/2018-11-26-dads-now-entitled-to-10-days-leave-on-childs-birth/|title=Dads now entitled to 10 days' leave on child's birth|work=dispatchlive.co.za|date=26 November 2018|last=Mabuza|first=Ernest}}</ref> The law went into effect on 1 January 2019.<ref>{{cite web|url=https://www.timeslive.co.za/news/south-africa/2018-11-28-dads-can-claim-paternity-leave-from-uif-as-of-january-2019/|title=Dads can claim paternity leave from UIF as of January 2019|work=timeslive.co.za|date=28 November 2018|last=Pijoos|first=Iavan}}</ref> ==Discrimination protections== The protection of LGBT rights in South Africa is based on [[Section Nine of the Constitution of South Africa|section 9]] of the [[Constitution of South Africa|Constitution]], which forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties. The Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people.<ref>{{cite web |url=http://constitutionallyspeaking.co.za/christine-give-them-hell/ |first=Pierre |last=De Vos |title=Christine, give them hell! |work=Constitutionally Speaking |date=14 July 2010 |access-date=12 July 2011}}</ref> These constitutional protections have been reinforced by the jurisprudence of the [[Constitutional Court of South Africa|Constitutional Court]] and various statutes enacted by [[Parliament of South Africa|Parliament]]. In 2012, the [[Congress of Traditional Leaders of South Africa]] (Contralesa) filed a draft document calling for the removal of LGBT rights from the Constitution of South Africa. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution. The Committee at the time was chaired by MP Sango Patekile Holomisa, who is also president of Contralesa. The parliamentary caucus of the ruling [[African National Congress]] rejected the proposal.<ref>{{cite news |url=http://www.iol.co.za/news/politics/anc-distances-itself-from-gay-comments-1.1290046 |title=ANC distances itself from gay comments |agency=[[South African Press Association|SAPA]] |newspaper=[[Independent Online (South Africa)|IOL News]] |date=6 May 2012 |access-date=19 June 2012}}</ref> The Constitution prohibits all unfair discrimination on the basis of sex, gender or sexual orientation, whether committed by the government or by a private party. In 2000, Parliament enacted the ''[[Promotion of Equality and Prevention of Unfair Discrimination Act, 2000|Promotion of Equality and Prevention of Unfair Discrimination Act]]'' (PEPUDA), which restates the constitutional prohibition and establishes special Equality Courts to address discrimination by private parties. The ''[[Employment Equity Act, 1998]]'' and the ''[[Rental Housing Act, 1999]]'' specifically forbid discrimination in employment and housing, respectively. The PEPUDA also prohibits [[hate speech]] and [[harassment]] based on any of the prohibited grounds of discrimination. South Africa does not have any statutory law requiring increased penalties for [[hate crime]]s, but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.<ref>{{cite news |first=Lauren |last=Hess |title=Activists happy with lesbian's killers' sentencing |date=1 February 2012 |publisher=[[News24 (website)|News24]] |url=http://www.news24.com/SouthAfrica/News/Activists-happy-with-lesbians-killers-sentencing-20120201 |access-date=13 February 2012}}</ref><ref>{{cite press release |title=Zoliswa Nkonyana murder trial: hate and intolerance cited as aggravating factor in sentencing |publisher=Triangle Project |date=1 February 2012 |url=https://www.facebook.com/note.php?note_id=10150645029828594 |access-date=13 February 2012}}</ref> ===Prevention and Combating of Hate Crimes and Hate Speech Bill=== The ''Prevention and Combating of Hate Crimes and Hate Speech Bill'', which is pending within the South African Parliament, would outlaw hate crimes and hate speech on grounds of race, gender identity and sexual orientation, among others. Public consultation on the bill was held between October and December 2016.<ref>{{Cite web|url=http://www.justice.gov.za/legislation/bills/2016-HateCrimes-HateSpeechBill.pdf|title=INVITATION TO COMMENT ON THE PREVENTION AND COMBATING OF HATE CRIMES AND HATE SPEECH BILL: DEADLINE FOR COMMENT 1 DECEMBER 2016|access-date=9 December 2017|archive-date=17 August 2018|archive-url=https://web.archive.org/web/20180817144033/http://www.justice.gov.za/legislation/bills/2016-HateCrimes-HateSpeechBill.pdf|url-status=dead}}</ref> Following calls that the bill was too vague and threatened freedom of speech,<ref>[https://www.hrw.org/news/2017/02/21/south-african-move-hate-speech-step-too-far South African Move on Hate Speech a Step Too Far] ''Human Rights Watch'', 21 February 2017</ref> provisions dealing with hate speech were changed, and now read: "Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to— (i) be harmful or to incite harm; or (ii) promote or propagate hatred, based on one or more of the following grounds: age, albinism, birth, colour, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality, migrant or refugee status, occupation or trade, political affiliation or conviction, race, religion, or sex, which includes intersex or sexual orientation". The [[Cabinet of South Africa|Cabinet]] approved the bill in March 2018. It must now pass both chambers of Parliament before becoming law.<ref>[http://www.mambaonline.com/2018/03/20/cabinet-finally-approves-historic-hate-crime-bill/ Cabinet finally approves historic Hate Crimes Bill], 20 March 2018</ref> However, the bill lapsed automatically when Parliament was dissolved on 7 May 2019. In his budget speech, Minister for Justice and Correctional Services [[Ronald Lamola]] committed that his Department will revive the bill and introduce it into Parliament sometime in 2020.<ref>{{cite web|url=https://www.gov.za/speeches/deputy-minister-hlengiwe-mkhize-lgbtqi-sector-intergenerational-dialogue-28-aug-2019-0000|title=Deputy Minister Hlengiwe Mkhize: LGBTQI Sector Intergenerational Dialogue|website=South African Government|date=28 August 2019}}</ref> Human rights activists argue that, while it is already illegal to assault, murder and rape, the consequences for crimes motivated by hate need to be more severe than ordinary crimes. This is because, they say, hate crimes are "message crimes" that harm entire communities. According to the Hate Crimes Working Group, over a third of all crimes are motivated by prejudice, with most of these committed based on the victim's race, nationality or sexual orientation.<ref>[https://www.timeslive.co.za/news/south-africa/2018-02-09-six-hate-crimes-that-shocked-south-africa/ Six hate crimes that shocked South Africa], ''Times Live'', 9 February 2018</ref> On the other hand, many legal experts believe the bill is unconstitutional and threatens [[freedom of speech]].<ref>[https://www.news24.com/Columnists/GuestColumn/rescuing-the-hate-speech-bill-20170307 Rescuing the 'hate speech bill'] ''news24.com'', 7 March 2017</ref> [[Human Rights Watch]] has expressed concern over the bill's language and potential to lead to significant restrictions on freedom of expression. Others have likened it to the ''[[Suppression of Communism Act, 1950]]''.<ref>[https://www.huffingtonpost.co.za/martin-van-staden/hate-speech-bill-a-threat-to-democracy-in-south-africa_a_23374035/ Hate-Speech Bill: A Threat To Democracy In South Africa], ''Huffington Post South Africa'', 1 March 2018</ref> ===National Intervention Strategy for LGBTI Communities=== In August 2011, the [[Department of Justice and Constitutional Development|Department of Justice]] established a National Task Team (NTT) to address the issue of hate crimes against LGBT people.<ref>{{cite news |title=Team starts work on gay hate crimes |agency=[[South African Press Association|SAPA]]-DPA |date=10 August 2011 |url=http://www.iol.co.za/news/crime-courts/team-starts-work-on-gay-hate-crimes-1.1115051 |newspaper=[[Independent Online (South Africa)|IOL News]] |access-date=15 August 2011 |archive-url=https://web.archive.org/web/20150203104521/http://www.iol.co.za/news/crime-courts/team-starts-work-on-gay-hate-crimes-1.1115051 |archive-date=3 February 2015 |url-status=live |df=dmy }}</ref> In April 2014, [[Minister of Justice and Constitutional Development|Minister of Justice]] [[Jeff Radebe]] launched a National Intervention Strategy for LGBTI Communities developed by the NTT to address sex-based violence and [[gender-based violence]] against members of the community. The NTT has established a rapid response team to attend to unsolved criminal cases as a matter of urgency and produced an information pamphlet with frequently asked questions about LGBTI persons. Radebe stated that the Department of Justice acknowledged the need for a specific legal framework for hate crimes and that the matter would be subjected to public debate.<ref>{{cite web|title=National Intervention Strategy for LGBTI Communities 2014|url=http://www.justice.gov.za/vg/lgbti/2014-LGBTI-Strategy.pdf|publisher=Department of Justice and Constitutional Development|access-date=20 July 2014}}</ref><ref>{{cite news |title=Radebe launches LGBTI violence programme |url=http://www.iol.co.za/news/crime-courts/radebe-launches-lgbti-violence-programme-1.1681563#.U8vOjOOSyyg |access-date=20 July 2014 |agency=SAPA |newspaper=IOL |date=29 April 2014 |archive-url=https://web.archive.org/web/20140626095708/http://www.iol.co.za/news/crime-courts/radebe-launches-lgbti-violence-programme-1.1681563 |archive-date=26 June 2014 |url-status=live |df=dmy }}</ref><ref>{{cite news|last1=Diale|first1=Lerato|title=Plan to combat gender violence|url=http://www.thenewage.co.za/124285-1007-53-Plan_to_combat_gender_violence|access-date=20 July 2014|work=The New Age|date=30 April 2014|archive-url=https://web.archive.org/web/20140720144529/http://www.thenewage.co.za/124285-1007-53-Plan_to_combat_gender_violence|archive-date=20 July 2014|url-status=dead|df=dmy-all}}</ref> ===Bullying in schools=== South Africa does not possess a specific anti-bullying law. However, the ''Protection from Harassment Act 17 of 2011'' brings widespread relief for all victims of homophobia and harassment, including children. The ''Child Justice Act 75 of 2008'' aims to rehabilitate and to reconcile children under the age of 21. Depending on age, a bully can be held criminally liable for myriad criminal acts, including assault, intimidation, murder, culpable homicide, [[crimen injuria]], racial and homophobic slurs,theft, malicious injury to property and arson, depending on the facts of each case.<ref>{{cite journal |last1=Laas |first1=A |last2=Boezaart |first2=T |title=The legislative framework regarding bullying in South African schools |journal=Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad |date=4 March 2015 |volume=17 |issue=6 |pages=2667 |doi=10.4314/pelj.v17i6.12 |doi-access=free |hdl=2263/43951 |hdl-access=free }}</ref> According to the South African Department of Basic Education, South African pupils are the "most bullied kids in the world". In a 2015 survey from the Trends in International Mathematics and Science Study, 44% of participating Grade 5 students (age 10-11) reported being bullied weekly, and 34% monthly. This was the highest among the 38 countries surveyed. 48% of students in public schools reported being bullied weekly. Grade 9 students (age 14-15) were the third most bullied, behind [[Thailand]] and neighbouring [[Botswana]], with 17% bullied weekly and 47% monthly.<ref>{{Cite web|url=https://africacheck.org/reports/reality-check-sa-pupils-bullied-world/|title=Reality check: Are SA pupils the 'most bullied' in the world?|website=Africa Check}}</ref> ==Military service== LGBT people are allowed to serve openly in the [[South African National Defence Force]] (SANDF). In 1996, the government adopted the ''White Paper on National Defence'', which included the statement that, "In accordance with the Constitution, the SANDF shall not discriminate against any of its members on the grounds of sexual orientation."<ref>{{cite web|url=http://www.info.gov.za/whitepapers/1996/defencwp.htm |title=White Paper on National Defence for the Republic of South Africa: Defence in a Democracy |publisher=Government of South Africa |date=8 May 1996 |access-date=16 July 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110616144303/http://www.info.gov.za/whitepapers/1996/defencwp.htm |archive-date=16 June 2011 |df=dmy }}</ref> In 1998, the [[Department of Defence (South Africa)|Department of Defence]] adopted a ''Policy on Equal Opportunity and Affirmative Action'', under which recruits may not be questioned about their sexual orientation and the Defence Force officially takes no interest in the lawful sexual behaviour of its members.<ref name="canaday">{{cite journal |last1=Belkin |first1=Aaron |last2=Canaday |first2=Margot |title=Assessing the integration of gays and lesbians into the South African National Defence Force |journal=Scientia Militaria |date=10 August 2011 |volume=38 |issue=2 |doi=10.5787/38-2-87 |doi-access=free }}</ref> The ''Defence Act of 2002'' makes it a criminal offence for any SANDF member or Defence Department employee to "denigrate, humiliate or show hostility or aversion" to any person on the grounds of sexual orientation. In 2002, the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership".<ref name="canaday" /> ==Transgender rights== The ''[[Alteration of Sex Description and Sex Status Act, 2003|Alteration of Sex Description and Sex Status Act]]'' allows people to apply to have their sex status altered in the [[population registry]], and consequently to receive [[identity document]]s and [[passport]]s indicating their gender identity. The law requires the person to have undergone medical or surgical treatment, such as [[Hormone replacement therapy (transgender)|hormone replacement therapy]] ([[sex reassignment surgery]] is not required).<ref>{{cite web |url=http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf |title=Changing your name and gender in your identity document: the Alteration of Sex Description Act 49 of 2003 |publisher=Gender Dynamix |access-date=29 September 2013 |archive-url=https://web.archive.org/web/20160304031744/http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Act-49-English.pdf |archive-date=4 March 2016 |url-status=dead |df=dmy-all }}</ref> A number of [[Labour Court of South Africa|Labour Court]] rulings have found against employers that mistreated employees who underwent gender transition.<ref>{{cite web|url = http://www.jrattorneys.co.za/south-african-labour-law-case-articles/employment-equity-an-unfair-discrimination/21-unfair-discrimination-against-transsexuals.html|first = Johanette|last = Rheeder|title = Unfair Discrimination Against Transsexuals|access-date = 3 July 2013|url-status = dead|archive-url = https://web.archive.org/web/20130928021521/http://www.jrattorneys.co.za/south-african-labour-law-case-articles/employment-equity-an-unfair-discrimination/21-unfair-discrimination-against-transsexuals.html|archive-date = 28 September 2013|df = dmy-all}}</ref> ==Intersex rights== {{See also|Intersex rights in South Africa}} ==Conversion therapy== [[Conversion therapy]] has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicidal ideation. The South African Society of Psychiatrists states that "there is no scientific evidence that reparative or conversion therapy is effective in changing a person's sexual orientation. There is, however, evidence that this type of therapy can be destructive".<ref>{{Cite web |url=http://www.sasop.co.za/Statements/Homosexuality_State |title=POSITION STATEMENTS HOMOSEXUALITY - POSITION STATEMENT |access-date=2 August 2018 |archive-url=https://web.archive.org/web/20180420080900/https://www.sasop.co.za/Statements/Homosexuality_State |archive-date=20 April 2018 |url-status=dead }}</ref> Despite this, conversion therapy is believed to be performed in the country. In February 2015, owners of a conversion therapy camp were found guilty of murder, child abuse and assault with intent to do grievous bodily harm after three teens were found dead at the camp. The teens, reportedly, were punched, beaten with spades and rubber pipes, chained to their beds, not allowed to use the toilets at any time and were forced to eat soap and their own [[feces]], all with the aim of "curing" their homosexuality.<ref>{{cite web|url=https://www.metroweekly.com/2015/02/gay-cure-camp-in-south-africa-guilty-of-murdering-teen/|title=Gay "cure" camp in South Africa guilty of murdering teen - Metro Weekly|website=www.metroweekly.com|access-date=13 July 2017|date=2015-02-27}}</ref> The three teens were between 15 and 19 years old. During apartheid, Dr. [[Aubrey Levin]] led [[The Aversion Project]], a medical torture programme designed to identify gay soldiers and forcedly "cure" their homosexuality. This included forced castration and [[Electroconvulsive therapy|shock therapy]]. ''Vir Ander'' ("For Others" in [[Afrikaans]], also a pun of the word "Verander" meaning "Change") premiered on 2 September 2017 at the South African State Theatre. The play is based on true events, where young [[Afrikaners|Afrikaner]] men were subjected to conversion therapies. It deals with manhood, sexuality and acceptance, and shines a light on the horrors and atrocities of the practice.<ref>{{Cite web|url=http://www.artlink.co.za/news_article.htm?contentID=42583|title=Artslink.co.za - 'Vir.Ander' play premieres at State Theatre|website=Artslink}}</ref> ==Blood donation== Until 2014, the [[South African National Blood Service]] imposed [[blood donation restrictions on men who have sex with men]], requiring that they abstain from sex for at least six months before donating blood. This was replaced with a gender-neutral policy that disallows donations from any prospective donor who has had a new sexual partner in the last six months, or who has more than one sexual partner.<ref>{{cite news |first=Luiz |last=DeBarros |title=SA finally ends gay blood donation ban |date=20 May 2014 |publisher=Mamba Online |url=http://www.mambaonline.com/2014/05/20/sas-gay-blood-donation-ban-finally-ends/ |access-date=20 May 2014}}</ref> ==Living conditions== {{See also|Pride parades in South Africa}} [[File:Dying For Justice (8036294736).jpg|thumb|Soweto Pride 2012 participants protest against violence against lesbians with a "Dying for Justice" banner and T-shirts which read "Solidarity with women who speak out".]] [[File:20140301-IMG 2321 (12886046384).jpg|thumb|right|A South African gay pride flag flown at Cape Town Pride 2014]] In 1998, [[National Party (South Africa)|National Party]] leader Marthinus van Schalkwyk denied accusations that he had paid a man for sex, by stating that he was a ''Boerseun'' (farmer's son), implying that homosexuality was not something to be found among [[Afrikaners]]. South African gay rights organisations called for an apology.<ref>[http://www.sodomylaws.org/world/south_africa/sanews001.htm National Party Member and Homosexual allegations] {{webarchive |url=https://web.archive.org/web/20060510204307/http://www.sodomylaws.org/world/south_africa/sanews001.htm |date=10 May 2006}}</ref> There have been a number of cases in which gay women have been the victims of murder, beating or rape.<ref>[https://web.archive.org/web/20071126075109/http://www.sodomylaws.org/world/south_africa/sanews008.htm Only Protected on Paper], ''Behind the Mask'', April 2011</ref><ref>[http://www.citypress.co.za/SouthAfrica/News/Thirteen-year-old-the-latest-victim-of-corrective-rape-20110507 Thirteen-year-old the latest victim of ‘corrective rape’] {{Webarchive|url=https://web.archive.org/web/20121113162304/http://www.citypress.co.za/SouthAfrica/News/Thirteen-year-old-the-latest-victim-of-corrective-rape-20110507 |date=13 November 2012 }}, Erna van Wyk, ''City Press'', 5 May 2011</ref><ref>{{cite news |title=Johannesburg: Lesbian Duduzile Zozo Murdered With Toilet Brush in 'Corrective Rape' Hate Crime |author=Hannah Osborne |url=http://www.ibtimes.co.uk/articles/488060/20130709/johannesburg-lesbian-duduzile-zozo-murdered-toilet-brush.htm |newspaper=[[International Business Times]] |date=9 July 2013 |access-date=28 July 2013}}</ref> This has been posited, in part, to be because of the perceived threat they pose to traditional male authority.<ref name="web.archive.org">{{cite web |url=http://www.sodomylaws.org/world/south_africa/sanews008.htm |archive-url=https://web.archive.org/web/20071126075109/http://www.sodomylaws.org/world/south_africa/sanews008.htm |url-status=dead |archive-date=26 November 2007|title=Rape New Weapon Against South African Lesbians|date=26 November 2007 |access-date=26 January 2017}}</ref> South Africa has no specific hate crime legislation; human rights organisations have criticised the South African police for failing to address the matter of bias-motivated crimes. For example, the NGO ''[[ActionAid]]'' has condemned the continued [[impunity]] and accused governments of turning a blind eye to reported murders of lesbians in homophobic attacks in South Africa; as well as to so-called [[corrective rape]]s, including cases among pupils, in which cases the male rapists purport to raping the lesbian victim with the intent of thereby "curing" her of her sexual orientation.<ref>{{Cite web|url=http://www.actionaid.org/pages.aspx?PageID=34&ItemID=447|archive-url=https://web.archive.org/web/20090320205134/http://www.actionaid.org/pages.aspx?PageID=34&ItemID=447|url-status=dead|title=Hate crimes: the rise of "corrective" rape in South Africa|archive-date=20 March 2009}}</ref> In May 2011, Professor Juan Nel told Amnesty International that according to studies of three of the nine provinces of South Africa, gay men are victims of homophobic sexual assault as frequently as gay women are, and suggested that under-reporting by male victims and the media has created the perception that they are at less risk of the crime.<ref>{{cite web |url=https://www.amnesty.org/en/documents/afr01/001/2013/en/ |title=Document |date=25 June 2013 |access-date=2016-12-04 |df=dmy-all }}</ref> As with female victims, gender non-conforming gay men are thought to be at the highest risk of violence,<ref name="web.archive.org"/> and activists have accused the police of negligent handling of incidents, including a series of nine allegedly related murders of gay men between 2010 and 2013.<ref>{{cite web|url=http://www.gaystarnews.com/article/ninth-gay-man-killed-suspected-serial-murders-south-africa180413|title=Ninth gay man killed in suspected serial murders in South Africa|date=18 April 2013|access-date=26 January 2017|archive-date=30 March 2019|archive-url=https://web.archive.org/web/20190330205726/https://www.gaystarnews.com/article/ninth-gay-man-killed-suspected-serial-murders-south-africa180413/|url-status=dead}}</ref><ref>{{cite news|url=http://www.huffingtonpost.com/2011/10/07/south-africa-serial-killer_n_998442.html|title=Are Police in South Africa Ignoring A Serial Killer Who Is Targeting Gay Men?|first1=David |last1=Lohr |newspaper=The Huffington Post|date=7 October 2011|access-date=26 January 2017}}</ref> Despite the occasional incidents of homophobia, gay people in major urban areas, such as [[Johannesburg]], [[Pretoria]], [[Durban]] and [[Cape Town]], are fairly accepted, and all of these cities have a thriving gay nightlife.<ref>{{cite web|url=http://gayjohannesburg.blogspot.com|title=Gay Johannesburg|access-date=26 January 2017}}</ref> Cultural, arts, sports and outdoor activities play a major part in everyday South African gay life. Annual Gay Pride events are held in [[Cape Town Pride|Cape Town]], Johannesburg, Durban, Pretoria and [[Soweto]].<ref>{{cite web|url=http://www.mambaonline.com/2013/09/17/1st-pretoria-pride-details-announced/|title=1ST PRETORIA PRIDE DETAILS ANNOUNCED - MambaOnline - Gay South Africa online|date=17 September 2013}}</ref><ref>{{cite web|url=http://www.istc.org/sisp/index.htm?fx=theme&loc_id=130988&cat_id=16|archive-url=https://archive.today/20070527141430/http://www.istc.org/sisp/index.htm?fx=theme&loc_id=130988&cat_id=16|url-status=dead|title=Student Travel Information & Discounts - Events: Gay & Lesbian Events…|date=27 May 2007|archive-date=27 May 2007}}</ref> Smaller cities such as [[Bloemfontein]], [[Polokwane]], [[Port Elizabeth]], [[Mbombela]],<ref>{{cite web|title=1st Mpumalanga Gay Parade A Success|url=https://www.mambaonline.com/2014/09/11/1st-mpumalanga-gay-pride-success/|website=www.mambaonline.com|date=11 September 2014 |access-date=2021-03-03}}</ref> [[East London, South Africa|East London]], [[Pietermaritzburg]] and [[Knysna]], too, host LGBT-related events, clubs and bars.<ref>{{cite web|url=http://www.mambaonline.com/hotspots_list.asp?prov_id=3|title=Mambaonline - South Africa's most stylish gay lifestyle portal|access-date=26 January 2017}}</ref> [[Knysna]] hosts the yearly [[Pink Loerie Mardi Gras]], which attracts gay people from all over the country.<ref>{{cite web|title=History of pride in South Africa|website=www.iol.co.za|url=https://www.iol.co.za/entertainment/celebrity-news/local/history-of-pride-in-south-africa-be2ee6d5-f801-4c14-9f93-7cb7c9876762|access-date=2021-03-03}}</ref> ===Portrayal and representation in the media and society=== [[Television in South Africa|Television]] and [[Cinema of South Africa|film]] produces programmes which also focus on gay life. Multiple [[soap operas]] showcase/have showcased LGBT life, some of the more notable have been the long-running and now cancelled soap opera ''[[Egoli: Place of Gold|Egoli]]'' which featured a long-term gay relationship.<ref>{{cite web |url=http://www.mambaonline.com/article.asp?artid=43 |title=Mind the Soap |publisher=MambaOnline |date=2000-01-01 |access-date=2017-08-26 |archive-url=https://web.archive.org/web/20160304232809/http://mambaonline.com/article.asp?artid=43 |archive-date=4 March 2016 |url-status=dead }}</ref> [[SABC 1]] has shown itself to be comparatively representative of the [[Demographics of sexual orientation|LGBT community in South Africa]] in its programming. The [[sitcom]] ''City Ses Top La'' features a gay character for which [[Warren Masemola]] received a [[South African Film and Television Awards|SAFTA Award]]. One of the highest-rated soap operas on SABC 1 to feature [[LGBT characters]] was ''[[Generations (South African TV series)|Generations]]'', with the characters of star-crossed lovers Senzo (played by [[Thami Mngqolo]]) and Jason, who later married and had a child. In the soap opera's current reincarnation as ''[[Generations:The Legacy]]'', there is a [[transgender]] woman character by the name of Wandile and her host of LGBT friends and associates. The [[telenovela]] ''[[Uzalo]]'' also features a gay character by the name of GC (portrayed by [[Khaya Dladla]]),<ref>{{cite web|url=https://www.iol.co.za/entertainment/celebrity-news/local/khaya-dladla-has-recovered-from-covid-19-51214652|title=Khaya Dladla has recovered from Covid 19|website=www.iol.co.za|publisher=iol.co.za|accessdate=2021-02-22}}</ref> who was embroiled in a church dispute about his sexuality, illustrating the rural and urban demographic perceptions about sexuality in South Africa. The channel has also seen other successes in shows with LGBT characters such as ''Society'', ''[[Intersexions]]'', and ''[[After 9]]'' amongst others. Other soap operas to feature major LGBT characters have been: Steve (played by Emmanuel Castis) in ''[[Isidingo: The Need]]'', Thula (played by Wright Ngubeni)<ref>{{cite web|title=Wright Ngubeni can't get bond right|url=https://www.sowetanlive.co.za/sundayworld/news/2019-02-26-wright-ngubeni-cant-get-bond-right/|date=2019-02-26|publisher=www.sowetanlive.co.za|accessdate=2021-02-22}}</ref> in ''[[Rhythm City (TV Series)|Rhythm City]]'' and Jerome (played by Terrence Bridget, a gay actor) in ''[[7de Laan]]''. The 2016 [[Dstv|Mzansi Magic]] telenovela ''The Queen'' features [[Sello Maake Ka-Ncube]] playing a gay character. ''Somizi and Mohale: The Union'', which began streaming on [[Showmax]] on 24 February 2020, is a four-episode special focusing on the wedding of [[Somizi Mhlongo]] and Mohale Motaung.<ref>{{cite web|url=https://www.thesouthafrican.com/lifestyle/somizi-and-mohale-the-union-showmax/|title=Somizi and Mohale's 'The Union' breaks viewing records on Showmax|website=The South African|date=27 February 2020|author=Eren Oberholzer}}</ref> The first episode broke Showmax's viewership record as the show for the most views ever on its first day.<ref>{{cite web|url=https://www.sowetanlive.co.za/entertainment/2020-02-27-what-a-hit-somizi-and-mohales-wedding-special-breaks-streaming-record/|title=What a hit! Somizi and Mohale's wedding special breaks streaming record|website=Sowetan Live|date=27 February 2020|author=Kyle Zeeman}}</ref><ref>{{cite web|url=https://www.iol.co.za/entertainment/tv/streaming/somizi-and-mohale-share-why-they-did-the-wedding-special-44797750|title=Somizi and Mohale share why they did the wedding special|website=iol.co.za|date=15 March 2020|author=Kedibone Modise}}</ref> ===Politics, law and activism=== The LGBT community in South Africa has a varied history of activism and representation in civil society, and all that pertains to social justice and the struggle for human rights as celebrated in February through [[LGBT History Month]]; [[Edwin Cameron]] and [[Kathy Satchwell]] being prominent judges of the [[Constitutional Court of South Africa]] and the [[High Court of South Africa]] respectively, including leading legal scholar [[Pierre de Vos]]. There are active and visible LGBT student organisations at South African universities, including the [[University of the Witwatersrand]], the [[University of Cape Town]], the [[University of Stellenbosch]], the [[University of Johannesburg]] and the [[University of the Western Cape]], amongst others. [[Simon Nkoli]], [[Zackie Achmat]] and [[Funeka Soldaat]] are some of the more prominent LGBT rights activists in South Africa. There have also been a number of LGBT politicians in the [[Parliament of South Africa]] and cabinet: [[Lynne Brown]] as Minister for Public Entreprises in [[Jacob Zuma]]'s Cabinet (and also served as interim [[Premier of the Western Cape]] in 2008-2009), [[Zakhele Mbhele]] as Shadow Minister of Police, [[Mike Waters (politician)|Mike Waters]] as the Opposition's Deputy Chief Whip from 2014 to 2019, MP [[Marius Redelinghuys]] and [[Ian Ollis]] as Shadow Minister of Labour from 2014 to 2017. ===LGBT tourism=== South Africa, due to its reputation as Africa's most gay-friendly destination, attracts thousands of LGBT tourists annually.<ref>{{Cite web|url=https://www.safarinow.com/destinations/south-africa/pink.aspx|title=South Africa Accommodation|website=www.safarinow.com}}</ref> The official South African Tourism site offers in-depth travel tips for gay travellers.<ref>{{Cite web|url=http://www.southafrica.info/travel/surf/pink-route-241105.htm|archiveurl=https://web.archive.org/web/20080529230628/http://www.southafrica.info/travel/surf/pink-route-241105.htm|title=Courier Market|archivedate=29 May 2008|website=www.southafrica.info}}</ref> Gay-friendly establishments are situated throughout South Africa and may be found on various gay travel websites. ===Pink Rand=== LGBT professionals are employed at major companies throughout the country. LGBT people are also targeted through various marketing campaigns, as the corporate world recognises the value of the [[Pink money|Pink Rand]]. In 2012, Lunch Box Media undertook market research (Gay Consumer Profile) finding the [[Demographics of sexual orientation|LGBT market]] to comprise approximately slightly above 4 million people. ===Religion=== Prominent religious leaders have voiced their support for the South African LGBT community. In the [[Anglican Church of Southern Africa]], the late [[Archbishop Emeritus]] of Cape Town [[Desmond Tutu]] was, and the current [[Anglican Archbishop of Cape Town|Archbishop of Cape Town]], [[Thabo Makgoba]], and Dr. [[Allan Boesak]] of the [[Uniting Reformed Church]] are vocal supporters of gay rights in South Africa.<ref>{{cite news|title=Archbishop Tutu 'would not worship a homophobic God'| newspaper=[[BBC News]] |date=26 July 2013|access-date=28 July 2013|url=https://www.bbc.co.uk/news/world-africa-23464694}}</ref><ref>{{cite web |url=http://www.4him.co.za/pol/abgay.htm |title=Boesak Supports Gay Marriages |archive-url=https://web.archive.org/web/20061015192013/http://www.4him.co.za/pol/abgay.htm |archive-date=15 October 2006 |date=1 November 2006 |url-status=dead |access-date=25 February 2017}}</ref> The [[Dutch Reformed Church]] has ruled that gay members should not be discriminated against and can hold positions within the church. However, much criticism of the church still exists; in 2008 a court ruled against a church congregation for firing a gay musician; the issue provoked much uproar from the gay community and within liberal circles.<ref>{{cite web|url=http://www.freethinker.co.uk/2008/08/29/whoo-hoo-dutch-reformed-church-must-pay-damages-to-gay-musician/|title=The Freethinker - The voice of atheism since 1881 » Whoo-hoo! Dutch Reformed Church must pay damages to gay musician|access-date=26 January 2017|archive-date=1 October 2018|archive-url=https://web.archive.org/web/20181001193946/http://freethinker.co.uk/2008/08/29/whoo-hoo-dutch-reformed-church-must-pay-damages-to-gay-musician/|url-status=dead}}</ref> In 2015, the church decided to bless same-sex relationships and allow gay ministers and clergy (who are not required to be celibate). The decision was reversed in 2016, but reinstated in 2019. ==Public opinion== {{Pie chart | thumb = right | caption = Public opinion on same-sex marriage (2023) based on [[Ipsos]]<ref>{{https://www.ipsos.com/sites/default/files/ct/news/documents/2023-05/Ipsos%20LGBT%2B%20Pride%202023%20Global%20Survey%20Report%20-%20rev.pdf}}</ref> | label1 =Same-sex couples should be allowed to marry legally | value1 =57 | color1 = #025 | label2 =Same-sex couples should not be allowed to marry legally but should be allowed to have some legal recognition | value2 =10 | color2 = #06F | label3 =Not sure | value3 =14 | color3 =lightgrey | label4 =Same-sex couples should not be allowed to marry | value4 =19 | color4 =red }} A study conducted in 2015 by The Other Foundation and titled ''Progressive Prudes'' painted a more complex picture of public opinion in South Africa towards LGBT people. 55% indicated they would "accept" a gay family member and 51% stated their belief that "gay people should have the same human rights as all other citizens".<ref name="auto"/> The survey found that, by a 2:1 ratio, South Africans supported retaining existing constitutional protections towards gay people. Those who "strongly disagreed" with allowing equal civil marriage rights for same-sex couples declined to just 23%.<ref>[http://www.mambaonline.com/2016/09/09/south-africans-progressive-prudes-comes-homosexuality/ South Africans are “progressive prudes” when it comes to homosexuality] ''Mambaonline'', 9 September 2016</ref> A large survey released by Afrobarometer in 2016 suggested South Africa had the second-most tolerant views towards gay neighbours in Africa, after [[Cape Verde]], with 67% of those surveyed reporting that they would either "strongly like, somewhat like or not care" if they lived next to a same-sex couple. This contrasted with the Africa-wide average of 21% and lows of just 3% in [[Senegal]] and 5% in [[Uganda]] and [[Niger]].<ref>{{cite web|url=http://www.mambaonline.com/2016/03/02/survey-africans-tolerant-gay-people/ |title=Survey: Africans are generally very tolerant, but just not of gay people |publisher=MambaOnline |date=2016-03-02 |access-date=2017-08-26}}</ref> According to a 2017 poll carried out by [[International Lesbian, Gay, Bisexual, Trans and Intersex Association|ILGA]], 67% of South Africans agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 17% disagreed. Additionally, 72% agreed that they should be protected from workplace discrimination. 24% of South Africans, however, said that people who are in same-sex relationships should be charged as criminals, while a majority of 57% disagreed. As for transgender people, 72% agreed that they should have the same rights, 74% believed they should be protected from employment discrimination and 64% believed they should be allowed to change their legal gender.<ref>[http://ilga.org/what-we-do/ilga-riwi-global-attitudes-survey/ ILGA-RIWI Global Attitudes Survey] {{Webarchive|url=https://web.archive.org/web/20180113180448/http://ilga.org/what-we-do/ilga-riwi-global-attitudes-survey/ |date=13 January 2018 }} ILGA, October 2017</ref> Additionally, according to that same poll, 9% of South Africans would try to "change" a male neighbour's sexual orientation if they discovered he was gay, while 72% would accept and support him. 8% would try to "change" a female neighbour's sexual orientation, while 76% would accept her as she is. A May 2021 Ipsos poll showed that 71% of South Africans supported some form of legal recognition for same-sex couples (59% of South Africans supported same-sex marriage, 12% supported civil partnerships but not marriage) while 15% were opposed to all legal recognition for same-sex couples, and 14% were undecided. In addition, 18% of South Africans had already attended the wedding of a same-sex couple.<ref>{{cite web|url=https://www.ipsos.com/en/lgbt-pride-2021-global-survey-points-generation-gap-around-gender-identity-and-sexual-attraction|title=LGBT+ Pride 2021 Global Survey pointa to a generation gap around gender identity and sexual attraction|work=Ipsos|date=9 June 2021|access-date=6 October 2021}}</ref> There is increased support of LGBTQ rights from religious organisations, with 62% of Catholics in South Africa agreeing that homosexuality should be "accepted by society".<ref>{{Cite web|last=Diamant|first=Jeff|title=How Catholics around the world see same-sex marriage, homosexuality|url=https://www.pewresearch.org/fact-tank/2020/11/02/how-catholics-around-the-world-see-same-sex-marriage-homosexuality/|access-date=2021-12-30|website=Pew Research Center|language=en-US}}</ref> ==Summary table== {| class="wikitable" !Rights !Yes/No !Notes |- ! Colspan="3" |Status |- | Male same-sex sexual activity legal | [[Image:Yes check.svg|15px|Yes]] |(Since 1998) |- | Female same-sex sexual activity | [[Image:Yes check.svg|15px|Yes]] |(Female always legal) |- | Equal age of consent (16) | [[Image:Yes check.svg|15px|Yes]] |(Since 2007) |- ! Colspan="3" | Discrimination Protections |- | Anti-discrimination laws in employment | [[Image:Yes check.svg|15px|Yes]] | (Since 1997) |- | Anti-discrimination laws in the provision of goods and services | [[Image:Yes check.svg|15px|Yes]] | (Since 1997) |- | Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | [[Image:Yes check.svg|15px|Yes]] | (Since 1997) |- | Anti-discrimination laws covering gender identity |[[Image:Yes check.svg|15px|Yes]] | |- | Ban on Anti-LGBT censorship and expression | [[Image:Yes check.svg|15px|Yes]] | (No restrictions and censorship) |- | LGBT [[anti-bullying legislation|anti-bullying law]] in schools | [[File:Emblem-question.svg|15px|No]] |(No specific law. However the laws like Harassment act 17 of 2011 and The Child Justice act 75 of 2008 can be used) |- ! Colspan="3" |Marriage and Family |- | Same-sex marriage(s) | [[Image:Yes check.svg|15px|Yes]] |(Since 2006) |- | Recognition of same-sex couples as de facto couples | [[Image:Yes check.svg|15px|Yes]] | (Since 1999) |- | Recognition of same-sex couples as civil partnerships | [[Image:Yes check.svg|15px|Yes]] |(Since 2006) |- | Stepchild adoption by same-sex couples | [[Image:Yes check.svg|15px|Yes]] | (Since 2002) |- | Joint adoption by same-sex couples | [[Image:Yes check.svg|15px|Yes]] | (Since 2002) |- | Adoption by a single LGBT person | [[File:Yes check.svg|15px|Yes]] | |- | Foster care by single and Same-sex couples | [[File:Yes check.svg|15px|Yes]] | |- | Access to [[In vitro fertilisation|IVF]] for lesbian couples | [[Image:Yes check.svg|15px|Yes]] |(Since 2003) |- | Automatic parenthood for both spouses after birth | [[Image:Yes check.svg|15px|Yes]] | |- | Commercial surrogacy for gay male couples | [[Image:Yes check.svg|15px|Yes]] | (Since 2003) |- | Parental leave for same-sex couples | [[Image:Yes check.svg|15px|Yes]] |(Since 2019) |- ! colspan="3" | Military Service |- | LGBT people allowed to serve openly in the military | [[Image:Yes check.svg|15px|Yes]] | (Since 1998) |- | Medical and Pension benefits for same-sex couples | [[Image:Yes check.svg|15px|Yes]] | (Since 2002) |- ! colspan="3" | Gender Identity Rights |- | Right to change legal gender | [[Image:Yes check.svg|15px|Yes]] | (Since 2003, requires hormonal or surgical treatment) |- |Coverage for Gender Reassignment surgeries | [[Image:Yes check.svg|15px|Yes]] | (since 2003, government funded in public hospitals) <ref>{{Cite news |last=Jeranji |first=Tiyese |date=15 September 2021 |title=In Depth |url=https://www.news24.com/citypress/news/in-depth-the-incredibly-long-wait-for-gender-affirming-surgery-for-those-who-cant-pay-20210914 |work=City Press}}</ref> |- | Explicit protection on grounds of intersex within attribute of sex | [[Image:Yes check.svg|15px|Yes]] | (Since 2005) |- | Intersex minors protected from invasive surgical procedures | [[File:X mark.svg|15px|No]] | |- | [[Third gender]] option | [[Image:Emblem-question.svg|15px|No]] |(as of 2021 the law is pending) <ref>{{Cite news |title= South Africa to introduce third gender option on national IDs|date=23 April 2021 |url=https://www.thepinknews.com/2021/04/23/south-africa-non-binary-national-identity-number-id/}}</ref> |- ! colspan="3" | Immigration Rights |- | [[Immigration equality|Immigration equality (Recognition of same-sex couples in national laws)]] | [[Image:Yes check.svg|15px|Yes]] | (Since 1999) |- | Recognition for sexual orientation and gender identity for asylum seekers | [[Image:Yes check.svg|15px|Yes]] | (Since 1998)<ref>{{Cite news |last=Marnell, Camminga, de gruchy |first=John, B, Thea |date=5 March 2023 |title=LGBTIQ+ migrants and asylum seekers in South Africa: major new study identifies as diverse, widespread community |url=https://theconversation.com/lgbtiq-migrants-and-asylum-seekers-in-south-africa-major-new-study-identifies-a-diverse-wide-spread-community-199227#:~:text=Since%201998%2C%20South%20Africa%20has,and%20intersex%20(LGBTI%2B)%20persons. |work=theconversation.com}}</ref> |- ! colspan="3" | Other |- | [[Conversion therapy]] banned on minors | [[Image:X mark.svg|15px|No]] | (Bill proposed in 2021)<ref>{{Cite web |last=Du Plessis |first=Charma |date=7 July 2021 |title=Children's conversion therapy up for discussion in new bill |url=https://mg.co.za/education/2021-07-07-childrens-conversion-therapy-up-for-discussion-in-new-bill/ |website=Mail & Guardian}}</ref> |- | [[Corrective rape]] | [[Image:X mark.svg|15px|No]] | (The statutory offence of rape is broadly defined, but it does not specifically make mention of Corrective Rape)<ref>{{Cite web |last=Koraan |first=René |date=29 June 2015 |title="Corrective Rape" |url=http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812015000500024#:~:text=The%20Criminal%20Law%20(Sexual%20Offences,malice%20against%20the%20victim's%20identification. |website=www.scielo.org.za}}</ref> |- | [[Men who have sex with men|MSM]]s allowed to donate blood | [[Image:Yes check.svg|15px|Yes]] | (Since 2014) |} ==See also== {{Portal|LGBT|South Africa}} *[[Human rights in South Africa]] *[[Intersex rights in South Africa]] *[[List of LGBT events#South Africa|LGBT events in South Africa]] *[[LGBT rights in Africa]] ==Notes== {{notelist}} ==References== {{Reflist|colwidth=30em}} ==Further reading== *{{cite web|title=Frequently Asked Questions on Sexual Orientation & Gender Identity for Individuals, Families and Communities|url=http://www.justice.gov.za/vg/lgbti/2014-LGBTI-faq.pdf|publisher=Department of Justice|access-date=30 July 2014}} ==External links== {{Commons category|LGBT rights in South Africa}} *[http://www.triangle.org.za/ Official website of the Triangle Project] *[http://www.gaycentre.org.za/ Official website of the Durban Lesbian and Gay Community Health Centre] {{Webarchive|url=https://web.archive.org/web/20160114035614/http://www.gaycentre.org.za/ |date=14 January 2016 }} *[https://web.archive.org/web/20030426042330/http://www.gaysouthafrica.org.za/ncgle/ Official website of the Lesbian & Gay Equality Project] *[https://web.archive.org/web/20080312210953/http://web.wits.ac.za/Library/Gala/ Gay and Lesbian Archives of South Africa]. ''University of Witwatersrand, Johannesburg'' *[https://web.archive.org/web/20051230044007/http://www.constitutionalcourt.org.za/site/gaylesb.htm Constitutional Court's Media Summary of its decision in ''Minister of Home Affairs v. Fourie''] {{LGBT South Africa |state=expanded}} {{SA law |state=autocollapse}} {{Africa topic|LGBT rights in}} [[Category:LGBT rights in South Africa| ]] Summary: Please note that all contributions to Christianpedia may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here. You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see Christianpedia:Copyrights for details). Do not submit copyrighted work without permission! 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