LGBT History In South Africa
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Lesbian, gay, bisexual and transgender (LGBT) people in South Africa enjoy the same rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition. South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation, and South Africa was the fifth country in the world to legalise same-sex marriage. South Africa is to date the only country in Africa to have legalised same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange 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
homophobic violence Lesbian, gay, bisexual, and transgender (LGBT) people frequently experience violence directed toward their sexuality, gender identity, or gender expression. This violence may be enacted by the state, as in laws prescribing punishment for homose ...
(particularly corrective rape), and high rates of HIV/AIDS infection.


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 , which refers to a man who is sexually receptive to another man, and , which refers to same-sex masturbation usually among friends. Anal intercourse and sexual relations between women also occurred, though more rarely. The Bantu peoples, most notably the Zulu, Basotho,
Mpondo The Mpondo People or simply AmaMpondo, is one of the kingdoms in what is now the Eastern Cape.Mpondo people
and Tsonga people, had a tradition of young men ( in Zulu, in Sesotho,Marc Epprecht, ''Hungochani, Second Edition: The History of a Dissident Sexuality'' (2003, ) page 3 ''tinkonkana'' in Mpondo, and in
Tsonga Tsonga may refer to: * Tsonga language, a Bantu language spoken in southern Africa * Tsonga people, a large group of people living mainly in southern Mozambique and South Africa. * Jo-Wilfried Tsonga Jo-Wilfried Tsonga (; born 17 April 1985) i ...
, 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).Amara Das Wilhelm, ''Tritiya-Prakriti: People of the Third Sex'' (2004, ), page 230 In addition, they were not allowed to grow beards, 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. These relationships, also known as "mine marriages" as they were common among miners, continued well into the 1950s. They are usually discussed as homosexual relationships, though sometimes the boy-wives are discussed in the context of transgender experiences. Other Bantu peoples, including the Tswana people, and the 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. In IsiNgqumo, the term refers to effeminate gay men or transgender people (typically people born male but who act, dress and behave as female) who have sexual relations with men, and refers to masculine gay men. 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 Roman-Dutch law (Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it ...
. A 1969 amendment to the ''
Immorality Act Immorality Act was the title of two acts of the Parliament of South Africa which prohibited, amongst other things, sexual relations between white people and people of other races. The first Immorality Act, of 1927, prohibited sex between whites an ...
'' prohibited men from engaging in any erotic conduct when there were more than two people present. 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(3) of the
South African Constitution The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...
, 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 The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
at 16 regardless of sexual orientation, and all sexual offences defined in gender-neutral terms.


Apartheid era

Under South Africa's ruling 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. In January 1966, the
Forest Town raid The Forest Town raid was a 1966 police raid that targeted LGBT people in Forest Town, Gauteng. The raid led to proposed anti-homosexuality legislation in South Africa. It also helped coalesce the queer community in South Africa. Background The So ...
on a large party in Forest Town, Gauteng led to further restrictions on gay and lesbian South Africans. Despite state opposition, several South African
gay rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 3 ...
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.
Hubert du Plessis Hubert du Plessis OMSG (7 June 1922 – 12 March 2011) was a South African composer, pianist, and professor of music whose career spanned several decades. Along with Arnold van Wyk and Stefans Grové, du Plessis was one of the foremost South Afr ...
, 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. In the country's 1987 general election, GASA and the gay magazine ''Exit'' endorsed the National Party candidate for Hillbrow,
Leon de Beer Leon de Beer was a South African politician who served as a member of the South African Parliament from 1987 to 1989. His election was notable because he was the first candidate in the country to appeal to gay voters. Political career 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''. It was the general opinion of the gay community of Hillbrow that their vote was the deciding factor in de Beer's ultimate victory. 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. The treatment of gay and lesbian soldiers in the South African military was explored in a 2003 documentary film, titled ''
Property of the State Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
''. Organisations such as the
Organisation of Lesbian and Gay Activists The Organisation of Lesbian and Gay Activists (OLGA) was an LGBT rights organisation in South Africa. The group started as Lesbians and Gays Against Oppression (LAGO) and in 1987 reorganised as OLGA. Both organisations fought for LGBT rights and we ...
(OLGA) worked with the African National Congress to include protections for LGBT people in the new Constitution of South Africa.


Post-apartheid era

In 1993, the African National Congress, in the ''Bill of Rights'',; xh, Umqulu Wamalungelo; af, Handves van regte; nso, Molao wa Ditokelo; tn, Molaotlhomo wa Ditshwanelo; st, Bili ya Ditokelo; ts, Nawumbisi wa Timfanelo; ss, LuCwebu LwemaLungelo ELuntfu; ve, Mulayotibe wa Pfanelo; nr, UmTlolo WamaLungelo WobuNtu endorsed the legal recognition of same-sex marriages, 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. 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 The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
ruled in 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 Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist who served as the President of South Africa, first president of South Africa from 1994 to 1 ...
stated the following: The
gay pride flag of South Africa The gay flag of South Africa is a pride flag that aims to reflect the freedom and diversity of South Africa and build pride in being an LGBTQ South African. It was registered as the flag of the LGBTQ Association of South Africa in 2012 and i ...
, designed by Eugene Brockman, is a hybrid of the LGBT rainbow flag and the South African national flag launched in 1994 after the end of the apartheid era. 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". The stated purposes of the flag include celebrating legal
same-sex marriage in South Africa Same-sex marriage in South Africa has been legal since the '' Civil Union Act, 2006'' came into force on 30 November 2006. The decision of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'' on 1 December 2005 extended ...
and addressing issues such as
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
,
homophobia Homophobia encompasses a range of negative attitude (psychology), attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, h ...
, corrective rape and
hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
s. 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. 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. 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 The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by priv ...
''. 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 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. Not all ANC members supported the new law. Former South African President
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...
was among its most outspoken opponents, claiming in 2006 that "when I was growing up, an ungqingili ( Zulu term describing a homosexual) would not have stood in front of me. I would knock him out." 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." In 2019, Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying:


Legality of same-sex sexual activity

On 4 August 1997, in the case of ''S v Kampher'', the
Cape Provincial Division The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over th ...
of the High Court ruled that the common-law crime of 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 A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have,had in the past,such a c ...
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 ''National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others'' is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its ...
'', the Witwatersrand Local Division of the High Court ruled that the common-law crimes of sodomy and "commission of an unnatural sexual act", as well as
Section 20A Section 20A of the Immorality Act, 1957, commonly known as the "men at a party" clause, was a South African law that criminalised all sexual acts between men that occurred in the presence of a third person. The section was enacted by the Immoralit ...
of the '' Sexual Offences Act'', were unconstitutional. The Constitutional Court confirmed this judgment on 9 October of the same year. The ruling applied retroactively to acts committed since the adoption of the Interim Constitution on 27 April 1994. Despite the decriminalisation of sex between men, the
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
set by the '' Sexual Offences Act'' was 19 for homosexual acts but only 16 for heterosexual acts. This was rectified in 2007 by the '' 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. 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 ''Geldenhuys v National Director of Public Prosecutions and Others'' is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for hetero ...
'', with the ruling again applying retroactively from 27 April 1994.


Recognition of same-sex relationships

On 1 December 2005, in the case of ''
Minister of Home Affairs v Fourie ''Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others'', 005ZACC 19, is a landmark decision of the Constitutional Court of South Africa in which the court r ...
'', 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. On 30 November 2006, the '' 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. 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'' (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. In 2002, the Constitutional Court's ruling in ''
Du Toit v Minister of Welfare and Population Development ''Du Toit and Another v Minister for Welfare and Population Development and Others'' is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children. LGBT people had already been able ...
'' 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. 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. In 1997, artificial insemination, which was previously limited to married women, was made legal for single women including lesbians. 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. In November 2017, the National Assembly passed the ''Labour Laws Amendment Act 10 of 2018'', introduced as a
private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
by
African Christian Democratic Party African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...
MP Cheryllyn Dudley. It was signed into law by President Cyril Ramaphosa in November 2018. 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. The law went into effect on 1 January 2019.


Discrimination protections

The protection of LGBT rights in South Africa is based on section 9 of the 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. These constitutional protections have been reinforced by the jurisprudence of the Constitutional Court and various statutes enacted by Parliament. In 2012, the
Congress of Traditional Leaders of South Africa The Congress of Traditional Leaders of South Africa (CONTRALESA) is a South African non-governmental pressure group which was formed in 1987 by some of the traditional leaders of the homeland of KwaNdebele, with the support of the United Democratic ...
(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. 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 The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by priv ...
'' (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 Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
and
harassment Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
based on any of the prohibited grounds of discrimination. South Africa does not have any statutory law requiring increased penalties for
hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
s, but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.


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. Following calls that the bill was too vague and threatened freedom of speech, 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 Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
approved the bill in March 2018. It must now pass both chambers of Parliament before becoming law. 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. 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. On the other hand, many legal experts believe the bill is unconstitutional and threatens
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. 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''.


National Intervention Strategy for LGBTI Communities

In August 2011, the Department of Justice established a National Task Team (NTT) to address the issue of hate crimes against LGBT people. In April 2014, 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.


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 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 ''Crimen injuria'' is a crime under South African common law, defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another." Although difficult to precisely define, the crime is used in the prosecution of ce ...
, theft, malicious injury to property and arson, depending on the facts of each case. 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.


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." In 1998, the
Department of Defence Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...
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. 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".


Transgender rights

The ''
Alteration of Sex Description and Sex Status Act The Alteration of Sex Description and Sex Status Act, 2003 (Act No. 49 of 2003) is a South African Act of Parliament which allows a person to change, under certain conditions, their sex recorded in the population registry. Under the act, three ty ...
'' allows people to apply to have their sex status altered in the population registry, and consequently to receive
identity document An identity document (also called ID or colloquially as papers) is any documentation, document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID c ...
s and
passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...
s indicating their gender identity. The law requires the person to have undergone medical or surgical treatment, such as hormone replacement therapy ( sex reassignment surgery is not required). A number of Labour Court rulings have found against employers that mistreated employees who underwent gender transition.


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". 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 Feces ( or faeces), known colloquially and in slang as poo and poop, are the solid or semi-solid remains of food that was not digested in the small intestine, and has been broken down by bacteria in the large intestine. Feces contain a relati ...
, all with the aim of "curing" their homosexuality. The three teens were between 15 and 19 years old. During apartheid, Dr.
Aubrey Levin Aubrey Levin (born 18 December 1938) is a South African-born Canadian psychiatrist and former Colonel in the South African Defence Force who used abusive procedures on homosexual army conscripts and conscientious objectors in an attempt to cur ...
led
The Aversion Project The Aversion Project was a medical torture programme in South Africa led by Dr. Aubrey Levin during apartheid. The project identified gay soldiers and conscripts who used drugs in the South African Defence Forces (SADF). Victims were forced to s ...
, a medical torture programme designed to identify gay soldiers and forcedly "cure" their homosexuality. This included forced castration and 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
Afrikaner Afrikaners () are a South African ethnic group descended from Free Burghers, predominantly Dutch settlers first arriving at the Cape of Good Hope in the 17th and 18th centuries.Entry: Cape Colony. ''Encyclopædia Britannica Volume 4 Part 2: ...
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.


Blood donation

Until 2014, the South African National Blood Service imposed
blood donation restrictions on men who have sex with men Many countries have laws, regulations, or recommendations that effectively prohibit donations of blood or tissue for organ and corneal transplants from men who have sex with men (MSM), a classification of males who engage or have engaged in sex ...
, 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.


Living conditions

In 1998, the then National Party leader 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. There have been a number of cases in which gay women have been the victims of murder, beating or rape. This has been posited, in part, to be because of the perceived threat they pose to traditional male authority. 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 rapes, 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. 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. As with female victims, gender non-conforming gay men are thought to be at the highest risk of violence, 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. 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. 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, Johannesburg, Durban, Pretoria and Soweto. Smaller cities such as Bloemfontein, Polokwane,
Port Elizabeth Gqeberha (), formerly Port Elizabeth and colloquially often referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipality, Sou ...
,
Mbombela Mbombela (also known as Nelspruit) is a city in northeastern South Africa. It is the capital of the Mpumalanga province. Located on the Crocodile River, Mbombela lies about by road west of the Mozambique border, east of Johannesburg and north ...
,
East London East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth. Etymology As in other languages, the word is formed from the f ...
,
Pietermaritzburg Pietermaritzburg (; Zulu: umGungundlovu) is the capital and second-largest city in the province of KwaZulu-Natal, South Africa. It was founded in 1838 and is currently governed by the Msunduzi Local Municipality. Its Zulu name umGungundlovu ...
and Knysna, too, host LGBT-related events, clubs and bars. Knysna hosts the yearly Pink Loerie Mardi Gras, which attracts gay people from all over the country.


Portrayal and representation in the media and society

Television and
film A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
produces programmes which also focus on gay life. Multiple
soap operas A soap opera, or ''soap'' for short, is a typically long-running radio or television serial, frequently characterized by melodrama, ensemble casts, and sentimentality. The term "soap opera" originated from radio dramas originally being sponsored ...
showcase/have showcased LGBT life, some of the more notable have been the long-running and now cancelled soap opera '' Egoli'' which featured a long-term gay relationship. SABC 1 has shown itself to be comparatively representative of the LGBT community in South Africa in its programming. The sitcom ''City Ses Top La'' features a gay character for which
Warren Masemola Montloana Warren Masemola (born 18 May 1983) is a South African actor popularly known for portraying Lentswe Mokethi on the soap opera '' Scandal!''. Life and career Early life and education Montloana Warren Masemola born May 18, 1983, in G ...
received a SAFTA Award. One of the highest-rated soap operas on SABC 1 to feature LGBT characters was ''
Generations A generation is "all of the people born and living at about the same time, regarded collectively." Generation or generations may also refer to: Science and technology * Generation (particle physics), a division of the elementary particles * Gen ...
'', 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 ''Uzalo'' is a South African soap opera produced by Stained Glass Productions, which is co-owned by Kobedi "Pepsi" Pokane and Gugu Zuma-Ncube. It began airing in 2015, quickly becoming a hit due to its compelling narrative, writing, direction an ...
'' also features a gay character by the name of GC (portrayed by Khaya Dladla), 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) in '' Rhythm City'' and Jerome (played by Terrence Bridget, a gay actor) in ''
7de Laan ''7de Laan'' is a South African Afrikaans soap opera created by Danie Odendaal and produced by Danie Odendaal Productions. The series focuses on the lives of residents staying in and around the community of 7de Laan (7th Avenue), in the suburb ...
''. The 2016 Mzansi Magic telenovela ''The Queen'' features
Sello Maake Ka-Ncube Sello Maake kaNcube (born 12 March 1960) is a South African actor. He has worked in his native land as well as the United States, United Kingdom, Canada and Europe. Early life Maake kaNcube was born in Orlando, Soweto, South Africa. He later m ...
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. The first episode broke Showmax's viewership record as the show for the most views ever on its first day.


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 The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
and the High Court of South Africa respectively, including leading legal scholar
Pierre de Vos Pierre Francois de Vos (born 29 June 1963) is a South African constitutional law scholar. Early life De Vos was born in Messina, Transvaal, (now Musina, Limpopo) and matriculated from Pietersburg High School in Pietersburg (now known as Polok ...
. 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 Funeka Soldaat is a lesbian community activist from South Africa, who works with the Triangle Project and is a founder of Khayelitsha-based lesbian advocacy group, Free Gender. Both of which are non-profit, non-governmental organizations that benef ...
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 The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seve ...
and cabinet:
Lynne Brown Lynne Brown (born 26 September 1961) is a South African politician who is a former Minister of Public Enterprises and former Premier of the Western Cape Province. She was born in Cape Town and grew up in Mitchells Plain. She was appointed Premie ...
as Minister for Public Entreprises in
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...
's Cabinet (and also served as interim
Premier of the Western Cape The Premier of the Western Cape is the head of government of the Western Cape province of South Africa. The current Premier of the Western Cape is Alan Winde, a member of the Democratic Alliance, who was elected in the 2019 election. He took o ...
in 2008-2009),
Zakhele Mbhele Zakhele Mbhele (born 9 November 1984) is a South African politician. A Member of Parliament of the Democratic Alliance in the National Assembly, Mbhele served as Media Liaison Officer for Western Cape Premier Helen Zille from November 2011 to May ...
as Shadow Minister of Police, Mike Waters as the Opposition's Deputy Chief Whip from 2014 to 2019, MP
Marius Redelinghuys Marius "Manqoba" Redelinghuys is a South African politician and a Member of Parliament for the Democratic Alliance (DA). He was first elected to the National Assembly on 7 May following the 2014 national elections. For a year he had also bee ...
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. The official South African Tourism site offers in-depth travel tips for gay travellers. 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 Rand. In 2012, Lunch Box Media undertook market research (Gay Consumer Profile) finding the 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, Archbishop Emeritus of Cape Town
Desmond Tutu Desmond Mpilo Tutu (7 October 193126 December 2021) was a South African Anglican bishop and theologian, known for his work as an anti-apartheid and human rights activist. He was Bishop of Johannesburg from 1985 to 1986 and then Archbishop ...
and the current Archbishop of Cape Town,
Thabo Makgoba Thabo Cecil Makgoba KStJ (born 15 December 1960 in Alexandra, Johannesburg) is the South African Anglican archbishop of Cape Town. He had served before as bishop of Grahamstown. Biography Makgoba graduated from Orlando High, Soweto, and ...
, and Dr. Allan Boesak of the
Uniting Reformed Church The Uniting Reformed Church in Southern Africa () was formed by the union of the black and coloured Nederduits Gereformeerde Kerk mission churches. Main markers in the URCSA'S history In 1652 the Dutch formed a halfway station at the Cape, whic ...
are vocal supporters of gay rights in South Africa. 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. 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

Although the constitutional and legal system in South Africa theoretically ensure equality, social acceptance, although progressing, has taken time to catch up, especially outside of urban areas in the eastern half of the country. 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". 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%. 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 , national_anthem = () , official_languages = Portuguese , national_languages = Cape Verdean Creole , capital = Praia , coordinates = , largest_city = capital , demonym ...
, 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. According to a 2017 poll carried out by 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. 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. 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". There has been an increase in positive portrayals of LGBTQ characters in South African media. South African soap operas have hired both gay and heterosexual actors to portray LGBTQ characters. Reality shows such as '' Date My Family'' and
Our Perfect Wedding Our Perfect Wedding is a South African wedding television show on Mzansi Magic DStv. Our Perfect Wedding is produced by Connect TV and hosted by Thembisa Mdoda. The show started in 2011 with guest stars Tumi Morake, Jessica Nkosi and NkwaNkwa. ...
have included gay couples.


Summary table


See also

*
Human rights in South Africa Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law en ...
* Intersex rights in South Africa * LGBT events in South Africa * LGBT rights in Africa


Notes


References


Further reading

*


External links


Official website of the Triangle ProjectOfficial website of the Durban Lesbian and Gay Community Health CentreOfficial website of the Lesbian & Gay Equality ProjectGay and Lesbian Archives of South Africa
''University of Witwatersrand, Johannesburg''

{{Africa topic, LGBT rights in