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LGBT rights in South Africa

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LGBT rights inSouth Africa
South Africa
StatusMale legalsince 1998,female never illegal;
age of consent equalisedin 2007
Gender identityChange of legal gender permittedsince 2003
MilitaryAllowed to serve
Discrimination protectionsConstitutional and statutory protections (see below)
Family rights
Recognition of relationshipsSame-sex marriage since 2006
AdoptionFull adoption rightssince 2002
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Lesbian, gay, bisexual, and transgender (LGBT) people inSouth Africahave the same legal rights as non-LGBT people.[1][2]South Africa has a complex and diverse history regarding thehuman rightsofLGBTpeople. The legal and social status of between400,000 to over 2 millionlesbian, gay, bisexual, transgender andintersexSouth Africans has been influenced by a combination of traditional South African morals,colonialism,and the lingering effects ofapartheidand thehuman rightsmovement that contributed to its abolition.[3]

South Africa's post-apartheidConstitutionwas the first in the world to outlaw discrimination based onsexual orientation,and South Africa was the fifth country in the world and the first in Africa to legalisesame-sex marriage.Same-sex couples can also adopt children jointly, and also arrangeIVFand 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, includinghomophobic violence(particularlycorrective rape), and high rates ofHIV/AIDSinfection.

LGBT history in South Africa

[edit]
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, theKhoikhoipeople recognised the termskoetsire,which refers to a man who is sexually receptive to another man, andsoregus,which refers to same-sex masturbation usually among friends.[4]Anal intercourse and sexual relations between women also occurred, though more rarely. TheBantu peoples,most notably theZulu,[5]Basotho,[6]MpondoandTsonga people,had a tradition of young men (inkotshaneinZulu,[5]boukonchanainSesotho,[6]tinkonkanain Mpondo, andnkhonsthanainTsonga,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 hadintercrural sexwith their older husbands (numain Ndebele and Sesotho, andnimain Mpondo and Tsonga).[5]In addition, they were not allowed to grow beards,[5]and sometimes they were not allowed to ejaculate. Upon reaching manhood, the relationship would be dissolved, and the boy-wife could take aninkotshaneof his own if he so desired.[5][7]These relationships, also known as "mine marriages"[6]as they were common amongminers,continued well into the 1950s.[8]They are usually discussed as homosexual relationships, though sometimes the boy-wives are discussed in the context of transgender experiences.[9][10]

Other Bantu peoples, including theTswana people,[11]and theNdebele 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.[12]

InIsiNgqumo,the termskesanarefers to effeminate gay men who have sexual relations with men, or transgender women, although the two are not the same at all.injongarefers to masculine gay men.[13]

Sexual intercourse between men was historically prohibited in South Africa as thecommon law crimeof "sodomy"and" unnatural sexual offence ", inherited from theRoman-Dutch law.[14][15][16]A 1969 amendmentto theImmorality Actprohibited men from engaging in any erotic conduct when there were more than two people present.[17]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 toLGBTpeople, viasection 9(3)of theSouth 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 equalisedage of consentat 16 regardless of sexual orientation, and all sexual offences defined ingender-neutralterms.[18][19]

Apartheid era

[edit]

Under South Africa's rulingNational Partyfrom 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.[20]In January 1966, theForest Town raidon a large party inForest Town, Gautengled to further restrictions on gay and lesbian South Africans.[21]

Despite state opposition, several South Africangay rightsorganisations 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 centralJohannesburg,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.[22][23]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.[24]

In the country's 1987 general election, GASA and the gay magazineExitendorsed 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 inExit.[25]It was the general opinion of the gay community of Hillbrow that their vote was the deciding factor in de Beer's ultimate victory.[26]

From the 1960s to the late 1980s, theSouth African Defence Forceforced white gay and lesbian soldiers to undergo various medical "cures" for their sexual orientation, includingsex reassignment surgery.[27]The treatment of gay and lesbian soldiers in the South African military was explored in a 2003 documentary film, titledProperty of the State.

Poster for the first ever Joburg Pride event, 1990

South Africa's first ever Lesbian and Gay Pride march was held on 13 October 1990 in Johannesburg, organized by theGay and Lesbian Organization of Witwatersrand.It was attended by around 800 people, and speakers includedBeverley Ditsie,Simon NkoliandEdwin Cameron.[28]

Organisations such as theOrganisation of Lesbian and Gay Activists(OLGA) worked with theAfrican National Congressto include protections for LGBT people in the new Constitution of South Africa.[29][30]

Post-apartheid era

[edit]
Gay pride flag of South Africa
Gay pride flag of South Africa

In 1993, theAfrican National Congress,in theBill of Rights,[a]endorsed the legal recognition of same-sex marriages,[31]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.[32]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, theConstitutional Court of South Africaruled ina landmark casethat the law prohibiting homosexual conduct between consenting adults in private violated the Constitution.

In 1994, during his inauguration speech as president,Nelson Mandelastated the following:[33]

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.

Thegay pride flag of South Africa,designed by Eugene Brockman,[34][35]is a hybrid of theLGBT rainbow flagand theSouth African national flaglaunched in 1994 after the end of theapartheidera.[36]Brockman said "I truly believe we (the LGBT community) put the dazzle into ourrainbow nationand this flag is a symbol of just that ".[37]The stated purposes of the flag include celebrating legalsame-sex marriage in South Africaand addressing issues such asdiscrimination,homophobia,corrective rapeandhate crimes.[38]The flag is agay pridesymbol that aims to reflect the freedom and diversity of the South African nation and build pride in being an LGBT South African.[37][39][40][41]

In 1998, Parliament passed theEmployment Equity Act.The law protects South Africans from labour discrimination on the basis of sexual orientation, among other categories.[42]In 2000, similar protections were extended to public accommodations and services, with the commencement of thePromotion of Equality and Prevention of Unfair Discrimination Act.[43]

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, theNational Assemblyvoted 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.[44]Not all ANC members supported the new law. Former South African PresidentJacob Zumawas among its most outspoken opponents, claiming in 2006 that "when I was growing up, an ungqingili (Zuluterm describing a homosexual) would not have stood in front of me. I would knock him out. "[45]Unlike Zuma, his successorCyril Ramaphosais considered LGBT-friendly and has a positive record regarding LGBT people and their rights. In 2017, he said in a recorded videoclip to celebrateLGBT 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."[46][47]

In 2019, Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying:[48]

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

[edit]

On 4 August 1997, in the case ofS v Kampher,theCape Provincial Divisionof theHigh Courtruled that the common-law crime ofsodomywas incompatible with the constitutional rights to equality and privacy, and that it had ceased to exist as an offence when theInterim Constitutioncame 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 ofNational Coalition for Gay and Lesbian Equality v Minister of Justice,theWitwatersrand Local Divisionof the High Court ruled that the common-law crimes of sodomy and "commission of anunnatural sexual act",as well asSection 20Aof theSexual Offences Act,were unconstitutional.[49]The Constitutional Court confirmed this judgment on 9 October of the same year.[50]The ruling applied retroactively to acts committed since the adoption of the Interim Constitution on 27 April 1994.[51]

While the ruling struck down the criminalisation of sex between men, it left untouched a separate provision contained in theSexual Offences Act,which made it an offence for both men and women to engage in homosexual acts with someone aged under 19, effectively setting theage of consentat 19 for homosexual acts (compared to 16 for heterosexual acts). This was rectified in 2007 by theCriminal 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.[52]In 2008, even though the new law had come into effect, the former inequality was declared to be unconstitutional in the case ofGeldenhuys v National Director of Public Prosecutions,with the ruling again applying retroactively from 27 April 1994.[53]

Recognition of same-sex relationships

[edit]
Same-sex wedding inLangebaan,2007
Main article:Same-sex marriage in South Africa

On 1 December 2005, in the case ofMinister 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.[54]On 30 November 2006, theCivil Union Actcame 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.[55]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 theMarriage 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, andintestateinheritance. Rights extended by statute include protections against domestic violence and the right to family responsibility leave.

Adoption and parenting

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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.[56]In 2002, the Constitutional Court's ruling inDu Toit v Minister of Welfare and Population Developmentgave 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.[57]The adoption law has since been replaced by theChildren's Act, 2005,which allows adoption by spouses and by "partners in a permanent domestic life-partnership" regardless of orientation.[58]

In 1997,artificial insemination,which was previously limited to married women, was made legal for single women including lesbians.[56]In the 2003 case ofJ 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.[59]

In November 2017, theNational Assemblypassed theLabour Laws Amendment Act 10 of 2018,introduced as aprivate member's billbyAfrican Christian Democratic PartyMPCheryllyn Dudley.[60]It was signed into law byPresidentCyril Ramaphosain November 2018.[61]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.[62]The law went into effect on 1 January 2019.[63]

Discrimination protections

[edit]

The protection of LGBT rights in South Africa is based onsection 9of theConstitution,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.[64]These constitutional protections have been reinforced by the jurisprudence of theConstitutional Courtand various statutes enacted byParliament.

In 2012, theCongress 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 rulingAfrican National Congressrejected the proposal.[65]

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 thePromotion 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. TheEmployment Equity Act, 1998and theRental Housing Act, 1999specifically forbid discrimination in employment and housing, respectively.

The PEPUDA also prohibitshate speechandharassmentbased on any of the prohibited grounds of discrimination. South Africa does not have any statutory law requiring increased penalties forhate crimes,but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.[66][67]

Prevention and Combating of Hate Crimes and Hate Speech Bill

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Prevention and Combating of Hate Crimes and Hate Speech Bill,was passed by the National Assembly in March 2023 and by the National Council in November 2023, and signed into law by President Ramaphosa in May 2024.[68]

Public consultation on the bill was held between October and December 2016.[69]Following calls that the bill was too vague and threatened freedom of speech,[70]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". TheCabinetapproved the bill in March 2018.

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.[71]On the other hand, many legal experts believe the bill is unconstitutional and threatensfreedom of speech.[72]Human Rights Watchhas expressed concern over the bill's language and potential to lead to significant restrictions on freedom of expression. Others have likened it to theSuppression of Communism Act, 1950.[73]

National Intervention Strategy for LGBTI Communities

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In August 2011, theDepartment of Justiceestablished a National Task Team (NTT) to address the issue of hate crimes against LGBT people.[74]In April 2014,Minister of JusticeJeff Radebelaunched a National Intervention Strategy for LGBTI Communities developed by the NTT to address sex-based violence andgender-based violenceagainst 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.[75][76][77]

Bullying in schools

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South Africa does not possess a specific anti-bullying law. However, theProtection from Harassment Act 17 of 2011brings widespread relief for all victims of homophobia and harassment, including children. TheChild Justice Act 75 of 2008aims 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.[78]

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, behindThailandand neighbouringBotswana,with 17% bullied weekly and 47% monthly.[79]

Military service

[edit]

LGBT people are allowed to serve openly in theSouth African National Defence Force(SANDF). In 1996, the government adopted theWhite 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."[80]In 1998, theDepartment of Defenceadopted aPolicy 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.[81]TheDefence Act of 2002makes 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".[81]

Transgender rights

[edit]

TheAlteration of Sex Description and Sex Status Actallows people to apply to have their sex status altered in thepopulation registry,and consequently to receiveidentity documentsandpassportsindicating their gender identity. The law requires the person to have undergone medical or surgical treatment, such ashormone replacement therapy(sex reassignment surgeryis not required).[82]

People can beginHormone replacement therapyWhen they turn 16, and surgeries when they're 18 but teenagers younger can also have surgeries with parental consent. Hormone treatment is available in bothPublic and Private sectors in South Africa.Patients who can afford to access to private care, which are mostly based in urban areas.[83]Transgender people from rural areas or provinces wheregender-affirming careis little to no availability must travel long distances to major cities to access these services. In private sectors, it costs hundreds of thousands of rands while in public sectors there's long waiting lists.[84]

In October 2021, theSouthern Africa HIV Clinicians Societypublished a much needed Gender-Affirming healthcare guideline for South Africa. This was to address to address the significant gaps in knowledge and skills of healthcare provider.[85]

A number ofLabour Courtrulings have found against employers that mistreated employees who underwent gender transition.[86]

Intersex rights

[edit]
See also:Intersex rights in South Africa

Intersexpeople in South Africa have some of the same rights as other people, but with significant gaps in protection from non-consensual cosmetic medical interventions and protection from discrimination. The country was the first to explicitly include Intersex people in anti-discrimination law.

Third gender rights

[edit]
See also:Legal recognition of non-binary gender

In 2021 theDepartment of Home Affairsannounced plans to introduce gender-neutral identification onSouth African ID's,the first for an African country (after Kenyawhich is only standardised for Intersex people only).

The Department of Home Affairs document on identity management states that South Africa has estimated 530,000 South Africans who identity asNon-binary.[87]One of them being Zade de Kock, a 19 year old non-binary teenager who started an online petition to compel home affairs ministerAaron Motsoaledito instate accurate gender markers for non-binary people on official documentation. The activist said they suffered a lot of discrimination andgender dysmorphiarelated to being forced to use inaccurate gender markers throughout schooling years.[88]

The department of Home Affairs head of policy, Sihle Mthiyane confirmed that it will take a few years for any changes to take place, as recommendations move through the consultation towards legislation and implementation but the ID number will change to accommodate the LGBT+ community.[89]

Conversion therapy

[edit]
See also:Legality of conversion therapy

A new bill was introduced to prohibit Conversion therapy in children in 2021, A practice which has not yet been banned under theChildren's Act of 38 of 2005.According to the bill, the current legislative framework does not specifically prohibit the practice. The bill will amend this by inserting relevant definitions and that conversation therapy will be considered an offense under the Act.[90]

Conversion therapyhas 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".[91]

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 ownfeces,all with the aim of "curing" their homosexuality.[92]The three teens were between 15 and 19 years old.

During apartheid, Dr.Aubrey LevinledThe Aversion Project,a medical torture programme designed to identify gay soldiers and forcedly "cure" their homosexuality. This included forced castration andshock therapy.Vir Ander( "For Others" inAfrikaans,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 youngAfrikanermen were subjected to conversion therapies. It deals with manhood, sexuality and acceptance, and shines a light on the horrors and atrocities of the practice.[93]

Blood donation

[edit]

Until 2014, theSouth African National Blood Serviceimposedblood 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.[94]

Living conditions

[edit]
See also:Pride parades in South Africa
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".
A South African gay pride flag flown at Cape Town Pride 2014

In 1998,National Partyleader Marthinus van Schalkwyk denied accusations that he had paid a man for sex, by stating that he was aBoerseun(farmer's son), implying that homosexuality was not something to be found amongAfrikaners.South African gay rights organisations called for an apology.[95]

There have been a number of cases in which gay women have been the victims of murder, beating or rape.[96][97][98]This has been posited, in part, to be because of the perceived threat they pose to traditional male authority.[99]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 NGOActionAidhas condemned the continuedimpunityand accused governments of turning a blind eye to reported murders of lesbians in homophobic attacks in South Africa; as well as to so-calledcorrective 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.[100]

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.[101]As with female victims, gender non-conforming gay men are thought to be at the highest risk of violence,[99]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.[102][103]

Despite the occasional incidents of homophobia, gay people in major urban areas, such asJohannesburg,Pretoria,DurbanandCape Town,are fairly accepted, and all of these cities have a thriving gay nightlife.[104]Cultural, arts, sports and outdoor activities play a major part in everyday South African gay life. Annual Gay Pride events are held inCape Town,Johannesburg, Durban, Pretoria andSoweto.[105][106]Smaller cities such asBloemfontein,Polokwane,Port Elizabeth,Mbombela,[107]East London,PietermaritzburgandKnysna,too, host LGBT-related events, clubs and bars.[108]Knysnahosts the yearlyPink Loerie Mardi Gras,which attracts gay people from all over the country.[109]

Portrayal and representation in the media and society

[edit]

Televisionandfilmproduces programmes which also focus on gay life. Multiplesoap operasshowcase/have showcased LGBT life, some of the more notable have been the long-running and now cancelled soap operaEgoliwhich featured a long-term gay relationship.[110]

SABC 1has shown itself to be comparatively representative of theLGBT community in South Africain its programming. ThesitcomCity Ses Top Lafeatures a gay character for whichWarren Masemolareceived aSAFTA Award.One of the highest-rated soap operas on SABC 1 to featureLGBT characterswasGenerations,with the characters of star-crossed lovers Senzo (played byThami Mngqolo) and Jason, who later married and had a child. In the soap opera's current reincarnation asGenerations:The Legacy,there is atransgenderwoman character by the name of Wandile and her host of LGBT friends and associates. ThetelenovelaUzaloalso features a gay character by the name of GC (portrayed byKhaya Dladla),[111]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 asSociety,Intersexions,andAfter 9amongst others. Other soap operas to feature major LGBT characters have been: Steve (played by Emmanuel Castis) inIsidingo: The Need,Thula (played by Wright Ngubeni)[112]inRhythm Cityand Jerome (played by Terrence Bridget, a gay actor) in7de Laan.The 2016Mzansi MagictelenovelaThe QueenfeaturesSello Maake Ka-Ncubeplaying a gay character.

Somizi and Mohale: The Union,which began streaming onShowmaxon 24 February 2020, is a four-episode special focusing on the wedding ofSomizi Mhlongoand Mohale Motaung.[113]The first episode broke Showmax's viewership record as the show for the most views ever on its first day.[114][115]

Politics, law and activism

[edit]

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 throughLGBT History Month;Edwin CameronandKathy Satchwellbeing prominent judges of theConstitutional Court of South Africaand theHigh Court of South Africarespectively, including leading legal scholarPierre de Vos.

There are active and visible LGBT student organisations at South African universities, including theUniversity of the Witwatersrand,theUniversity of Cape Town,theUniversity of Stellenbosch,theUniversity of Johannesburgand theUniversity of the Western Cape,amongst others.

Simon Nkoli,Zackie AchmatandFuneka Soldaatare some of the more prominent LGBT rights activists in South Africa.

There have also been a number of LGBT politicians in theParliament of South Africaand cabinet:Lynne Brownas Minister for Public Entreprises inJacob Zuma's Cabinet (and also served as interimPremier of the Western Capein 2008-2009),Zakhele Mbheleas Shadow Minister of Police,Mike Watersas the Opposition's Deputy Chief Whip from 2014 to 2019, MPMarius RedelinghuysandIan Ollisas Shadow Minister of Labour from 2014 to 2017.

LGBT tourism

[edit]

South Africa, due to its reputation as Africa's most gay-friendly destination, attracts thousands of LGBT tourists annually.[116]The official South African Tourism site offers in-depth travel tips for gay travellers.[117]Gay-friendly establishments are situated throughout South Africa and may be found on various gay travel websites.

Pink Rand

[edit]

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 thePink Rand.In 2012, Lunch Box Media undertook market research (Gay Consumer Profile) finding theLGBT marketto comprise approximately slightly above 4 million people.

Religion

[edit]

Prominent religious leaders have voiced their support for the South African LGBT community. In theAnglican Church of Southern Africa,the lateArchbishop Emeritusof Cape TownDesmond Tutuwas, and the currentArchbishop of Cape Town,Thabo Makgoba,and Dr.Allan Boesakof theUniting Reformed Churchare vocal supporters of gay rights in South Africa.[118][119]

TheDutch Reformed Churchhas 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.[120]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

[edit]

Public opinion on same-sex marriage (2023) based onIpsos[121]

Same-sex couples should be allowed to marry legally (57%)
Same-sex couples should not be allowed to marry legally but should be allowed to have some legal recognition (10%)
Not sure (14%)
Same-sex couples should not be allowed to marry (19%)

A study conducted in 2015 by The Other Foundation and titledProgressive Prudespainted 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".[3]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%.[122]

A large survey released by Afrobarometer in 2016 suggested South Africa had the second-most tolerant views towards gay neighbours in Africa, afterCape 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% inSenegaland 5% inUgandaandNiger.[123]

According to a 2017 poll carried out byILGA,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.[124]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.[125]

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".[126]

Summary table

[edit]
Rights Yes/No Notes
Status
Male same-sex sexual activity legal Yes (Since 1998)
Female same-sex sexual activity Yes (Female always legal)
Equal age of consent (16) Yes (Since 2007)
Discrimination Protections
Anti-discrimination laws in employment Yes (Since 1995)
Anti-discrimination laws in the provision of goods and services Yes (Since 1997)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 1997)
Anti-discrimination laws covering gender identity Yes
Prohibition ofhate speechandhate crimebased on gender identity Yes (Since 2024)[127]
Prohibition of hate speech and hate crime based on sex, including intersex Yes (Since 2024)[128]
Prohibition of hate speech and hate crime based on Sexual orientation Yes (Since 2024)[129]
Ban on Anti-LGBT censorship and expression Yes (No restrictions and censorship)
LGBTanti-bullying lawin schools No (No specific law. However the laws likeHarassment act of 2011andThe Child Justice act 75 of 2008can be used)
Marriage and Family
Same-sex marriage(s) Yes (Since 2006)
Recognition of same-sex couples as de facto couples Yes (Since 1999)
Recognition of same-sex couples as civil partnerships Yes (Since 2006)
Stepchild adoption by same-sex couples Yes (Since 2002)
Joint adoption by same-sex couples Yes (Since 2002)
Adoption by a single LGBT person Yes
Foster care by single and Same-sex couples Yes
Access toIVFfor lesbian couples Yes (Since 2003)
Automatic parenthood for both spouses after birth Yes
Commercial surrogacy for gay male couples Yes (Since 2003)
Parental leave for same-sex couples Yes (Since 2019)
Military Service
LGBT people allowed to serve openly in the military Yes (Since 1998)
Medical and Pension benefits for same-sex couples Yes (Since 2002)
Gender Identity Rights
Right to change legal gender Yes (Since 2003, requires hormonal or surgical treatment)
Coverage for Gender Reassignment surgeries Yes (since 2003, government funded in public hospitals)[130]
Explicit protection on grounds of intersex within attribute of sex Yes (Since 2005)
Intersex minors protected from invasive surgical procedures No
Third genderoption No (as of 2021 the law is pending)[131]
Immigration Rights
Immigration equality (Recognition of same-sex couples in national laws) Yes (Since 1999)
Recognition for sexual orientation and gender identity for asylum seekers Yes (Since 1998)[132]
Other
Conversion therapybanned on minors No (Bill proposed in 2021)[133]
Corrective rape No (The statutory offence of rape is broadly defined, but it does not specifically make mention of Corrective Rape)[134]
MSMsallowed to donate blood Yes (Since 2014)

See also

[edit]

Notes

[edit]
  1. ^Zulu:Umqulu Wamalungelo;Xhosa:Umqulu Wamalungelo;Afrikaans:Handves van regte;Northern Sotho:Molao wa Ditokelo;Tswana:Molaotlhomo wa Ditshwanelo;Sotho:Bili ya Ditokelo;Tsonga:Nawumbisi wa Timfanelo;Swazi:LuCwebu LwemaLungelo ELuntfu;Venda:Mulayotibe wa Pfanelo;Southern Ndebele:UmTlolo WamaLungelo WobuNtu

References

[edit]
  1. ^"The 203 Worst (& Safest) Countries for LGBTQ+ Travel in 2023".Asher & Lyric.5 June 2023.Retrieved20 August2023.
  2. ^Brown, Vicki."LGBT South Africa holiday advice".Responsible Travel.Retrieved2 October2023.
  3. ^ab"Progressive Prudes, A survey of attitudes towards homosexuality & gender non-conformity in South Africa"(PDF).The other foundation.2016.
  4. ^Boy-wives and female husbands: studies in African homosexualities.Stephen O. Murray, Will Roscoe, Bradley Rose, Will Roscoe (First ed.). New York. 1998.ISBN0-312-21216-X.OCLC39052346.{{cite book}}:CS1 maint: location missing publisher (link) CS1 maint: others (link)
  5. ^abcdeAmara Das Wilhelm,Tritiya-Prakriti: People of the Third Sex(2004,ISBN145008057X), page 230
  6. ^abcMarc Epprecht,Hungochani, Second Edition: The History of a Dissident Sexuality(2003,ISBN0773588787) page 3
  7. ^"Boy-Wives and Female Husbands".willsworld.org.
  8. ^Evaristo, Bernardine (8 March 2014)."The idea that African homosexuality was a colonial import is a myth".The Guardian.
  9. ^Chantal Zabus, David Coad,Transgender Experience: Place, Ethnicity, and Visibility(2013,ISBN1135135975), page 163
  10. ^G. G. Bolich,Transgender History & Geography: Crossdressing in Context(2007,ISBN0615167667), page 250
  11. ^Botswana chiefs: 'Homosexuality has always been here'.Erasing 76 Crimes,26 July 2013
  12. ^Scott Long, A. Widney Brown, Gail Cooper.More Than a Name: State-sponsored Homophobia and Its Consequences in Southern Africa,Human Rights Watch, 2003
  13. ^Msibi, Thabo; Rudwick, Stephanie (3 September 2015)."Intersections of two isiZulu genderlects and the construction ofskesanaidentities ".Stellenbosch Papers in Linguistics Plus.46:51–66.doi:10.5842/46-0-616.
  14. ^Goodman, Ryan (2001)."Beyond the Enforcement Principle: Sodomy Laws, Social Norms, and Social Panoptics"(PDF).California Law Review.89(3): 643–740.doi:10.2307/3481180.JSTOR3481180.SSRN269983.
  15. ^Burchell, Jonathan; Milton, John (1991).Principles of Criminal Law(1st ed.). Cape Town: Juta. pp. 571–572.
  16. ^Milton, John (1996).South African Criminal Law and Procedure: Common-law crimes(3rd ed.). Cape Town: Juta. pp. 223–228.ISBN978-0-7021-3773-0.
  17. ^Botha, Kevan;Cameron, Edwin(1997). "South Africa". In West, Donald J.; Green, Richard (eds.).Sociolegal Control of Homosexuality: A Multi-Nation Comparison.New York: Plenum Press. pp.23–26.ISBN978-0-306-45532-2.
  18. ^"South Africa Age of Consent & Statutory Rape Laws".ageofconsent.net.
  19. ^"Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007"(PDF).
  20. ^"Gay rights win in South Africa".BBC News.9 October 1998.Retrieved23 December2014.
  21. ^Pushparagavan, Dixson."The History of LGBT Legislation".South African History Online.Retrieved14 June2020.
  22. ^"Homosexuality under Apartheid".Archived fromthe originalon 27 June 2006.
  23. ^Kaplan, Robert M. (16 December 2004)."Treatment of homosexuality during apartheid".BMJ.329(7480): 1415–1416.doi:10.1136/bmj.329.7480.1415.PMC535952.PMID15604160.
  24. ^James May (2011) Obituary – Hubert du Plessis, Journal of the Musical Arts in Africa, 8:1, 115-116, DOI: 10.2989/18121004.2011.652401
  25. ^Conway, Daniel (December 2009). "Queering Apartheid: The National Party's 1987 'Gay Rights' Campaign in Hillbrow".Journal of Southern African Studies.35(4): 849–863.doi:10.1080/03057070903313210.S2CID144525158.
  26. ^de Waal, Shaun (1 September 1989)."Everyone's chasing the Hillbrow gay vote".Mail & Guardian.Retrieved1 September2019.
  27. ^"The GULLY - Africa - Apartheid Military Forced Gay Troops into Sex-Change Operations".Retrieved26 January2017.
  28. ^"The First Gay Pride March is Held in South Africa".South African History Online.Retrieved17 July2024.
  29. ^Nicol, Julia (1991). "Organisation of Lesbian and Gay Activists".Agenda: Empowering Women for Gender Equity(11): 45–46.ISSN1013-0950.JSTOR4547977.
  30. ^Thoreson, Ryan Richard (2008). "Somewhere over the Rainbow Nation: Gay, Lesbian and Bisexual Activism in South Africa".Journal of Southern African Studies.34(3): 689–690.doi:10.1080/03057070802259969.ISSN0305-7070.JSTOR40283175.S2CID144424127.
  31. ^"A Bill of Rights for a New South Africa".Archived fromthe originalon 19 March 2015.Retrieved2 April2015.
  32. ^de Ru, H. (February 2013)."A historical perspective on the recognition of same-sex unions in South Africa".Fundamina.19(2): 221–250.
  33. ^"Nelson Mandela's inauguration speech".The Department of Information and Publicity.9 May 1994.
  34. ^"Who are we?".Gay Flag of South Africa.Archived fromthe originalon 19 March 2012.
  35. ^Nathan, Melanie (6 October 2012)."South Africa first to recognize gay flag as an official national symbol".LGBTQ Nation.Archivedfrom the original on 8 April 2014.Retrieved18 July2014.
  36. ^Williams, Denise (8 October 2012)."Gay flag for a 'queer' South Africa".Times LIVE.Archivedfrom the original on 19 June 2013.Retrieved20 July2014.
  37. ^ab"South African Flag Revealed at MCQP".Cape Town Pride. 22 December 2010. Archived fromthe originalon 9 August 2011.Retrieved4 April2011.
  38. ^Berry, Bruce (25 January 2011)."Gay flag in South Africa".FOTW.Archivedfrom the original on 6 March 2013.Retrieved21 July2014.
  39. ^"South Africa Gets Own Gay Flag".Queerlife South Africa.January 2011. Archived fromthe originalon 16 March 2012.Retrieved18 July2014.
  40. ^"Gay Flag of South Africa".Archived fromthe originalon 27 July 2011.
  41. ^"SA to recognise gay flag".IOL.SAPA. 6 October 2012.Archivedfrom the original on 18 June 2015.Retrieved20 July2014.
  42. ^"Homosexuality and Labour Laws in South Africa".Archived fromthe originalon 13 March 2005.
  43. ^"Promotion of Equality and Prevention of Unfair Discrimination Act".Archived fromthe originalon 2 September 2005.
  44. ^"Same Sex Civil Marriage"(PDF).Retrieved1 January2007.[dead link]
  45. ^"Login".Retrieved26 January2017.
  46. ^Head, Tom (22 February 2018)."LGBT rights: Why Cyril Ramaphosa is a massive step up from Jacob Zuma".thesouthafrica.
  47. ^Duffy, Nick (15 February 2018)."What does South Africa's new President Cyril Ramaphosa think about LGBT rights?".PinkNews.
  48. ^DeBarros, Luiz (26 May 2019)."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?".Mambaonline.
  49. ^"South African Court Ends Sodomy Laws".The New York Times.8 May 1998.Retrieved28 June2011.
  50. ^McNeil, Donald G. (9 October 1998)."South Africa Strikes Down Laws on Gay Sex".The New York Times.Retrieved28 June2011.
  51. ^Reber, Pat (9 October 1998)."South Africa Court Upholds Gay Rights".Associated Press.Retrieved28 June2011.
  52. ^Tolsi, Niren (11 January 2008)."Is it the kiss of death?".Mail & Guardian.Retrieved28 June2011.
  53. ^"Consent judgment welcomed".News24.SAPA.26 November 2008.Retrieved27 November2011.
  54. ^"Parliament ordered to allow gay marriage".Mail & Guardian.1 December 2005.Retrieved10 July2011.
  55. ^Awondo, Patrick; Geschiere, Peter; Reid, Graeme (2012)."Homophobic Africa? Toward A More Nuanced View".African Studies Review.55(3): 145–168.doi:10.1017/S0002020600007241.ISSN0002-0206.JSTOR43904852.S2CID145161021.
  56. ^abIsaack, Wendy (2003)."Equal in Word of Law: The Rights of Lesbian and Gay People in South Africa".Human Rights.30(3): 19–22.Retrieved13 May2013.
  57. ^"Lesbians, gays can adopt children".News24.10 September 2002.Retrieved15 August2011.
  58. ^Donelly, Lynley (2008)."A Media Guide to the Children's Act 38 of 2005"(PDF).Centre for Child Law; Media Monitoring Project. p. 40. Archived fromthe original(PDF)on 19 October 2015.Retrieved15 August2011.
  59. ^"Lesbians' twins 'legitimate'".News24.28 March 2003.Retrieved15 August2011.
  60. ^"Parental leave breakthrough: National Assembly passes bill".timeslive.co.za.30 November 2017.
  61. ^"Working dads now entitled to 10 days' leave on birth of a child".timeslive.co.za.26 November 2018.
  62. ^Mabuza, Ernest (26 November 2018)."Dads now entitled to 10 days' leave on child's birth".dispatchlive.co.za.
  63. ^Pijoos, Iavan (28 November 2018)."Dads can claim paternity leave from UIF as of January 2019".timeslive.co.za.
  64. ^De Vos, Pierre (14 July 2010)."Christine, give them hell!".Constitutionally Speaking.Retrieved12 July2011.
  65. ^"ANC distances itself from gay comments".IOL News.SAPA.6 May 2012.Retrieved19 June2012.
  66. ^Hess, Lauren (1 February 2012)."Activists happy with lesbian's killers' sentencing".News24.Retrieved13 February2012.
  67. ^"Zoliswa Nkonyana murder trial: hate and intolerance cited as aggravating factor in sentencing"(Press release). Triangle Project. 1 February 2012.Retrieved13 February2012.
  68. ^"South Africa president approves bill criminalizing hate crimes and hate speech".jurist.org.10 May 2024.Retrieved13 May2024.
  69. ^"INVITATION TO COMMENT ON THE PREVENTION AND COMBATING OF HATE CRIMES AND HATE SPEECH BILL: DEADLINE FOR COMMENT 1 DECEMBER 2016"(PDF).Archived fromthe original(PDF)on 17 August 2018.Retrieved9 December2017.
  70. ^South African Move on Hate Speech a Step Too FarHuman Rights Watch,21 February 2017
  71. ^Six hate crimes that shocked South Africa,Times Live,9 February 2018
  72. ^Rescuing the 'hate speech bill'news24,7 March 2017
  73. ^Hate-Speech Bill: A Threat To Democracy In South Africa,Huffington Post South Africa,1 March 2018
  74. ^"Team starts work on gay hate crimes".IOL News.SAPA-DPA. 10 August 2011.Archivedfrom the original on 3 February 2015.Retrieved15 August2011.
  75. ^"National Intervention Strategy for LGBTI Communities 2014"(PDF).Department of Justice and Constitutional Development.Retrieved20 July2014.
  76. ^"Radebe launches LGBTI violence programme".IOL.SAPA. 29 April 2014.Archivedfrom the original on 26 June 2014.Retrieved20 July2014.
  77. ^Diale, Lerato (30 April 2014)."Plan to combat gender violence".The New Age.Archived fromthe originalon 20 July 2014.Retrieved20 July2014.
  78. ^Laas, A; Boezaart, T (4 March 2015)."The legislative framework regarding bullying in South African schools".Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad.17(6): 2667.doi:10.4314/pelj.v17i6.12.hdl:2263/43951.
  79. ^"Reality check: Are SA pupils the 'most bullied' in the world?".Africa Check.
  80. ^"White Paper on National Defence for the Republic of South Africa: Defence in a Democracy".Government of South Africa. 8 May 1996. Archived fromthe originalon 16 June 2011.Retrieved16 July2011.
  81. ^abBelkin, Aaron; Canaday, Margot (10 August 2011)."Assessing the integration of gays and lesbians into the South African National Defence Force".Scientia Militaria.38(2).doi:10.5787/38-2-87.
  82. ^"Changing your name and gender in your identity document: the Alteration of Sex Description Act 49 of 2003"(PDF).Gender Dynamix. Archived fromthe original(PDF)on 4 March 2016.Retrieved29 September2013.
  83. ^Jugroop, Esterhuizen, Usha, Tashwill (July 2016).Laws and Policies Affecting Transgender Persons in Southern Africa.Southern Africa Litigation Centre. pp. 38–42.ISBN978-0-620-72929-1.{{cite book}}:CS1 maint: multiple names: authors list (link)
  84. ^Jeranji, Tiyese (14 September 2021)."In depth: The incredibly long wait for gender-affirming surgery for those who can't pay".Spotlight.
  85. ^Muller, de Vries, Thomson, McLachlan, Madeleine, Elma, Anastacia, Chris/tine (2023)."An introduction to gender affirming healthcare: What the family phycians needs to know".South African Family Practice.65(4).doi:10.4102/safp.v65i1.5770.PMC10483305.PMID37526532.{{cite journal}}:CS1 maint: multiple names: authors list (link)
  86. ^Rheeder, Johanette."Unfair Discrimination Against Transsexuals".Archived fromthe originalon 28 September 2013.Retrieved3 July2013.
  87. ^Ntengento, Wandiswa (21 November 2021)."South Africa plans to introduce gender-neutral identification".Africanews.
  88. ^Nombembe, Philani (29 April 2023)."Teen wants" accurate "trans, non-binary people's gender markers on official documentation".Timeslive.
  89. ^Haffajee, Ferial (22 April 2021)."South Africa wants to enshrine the right to be Non-binary".qz.
  90. ^du Plessis, Charma (7 July 2021)."Children's conversion therapy up for discussion in new bill".Mail & Guardian.
  91. ^"POSITION STATEMENTS HOMOSEXUALITY - POSITION STATEMENT".Archived fromthe originalon 20 April 2018.Retrieved2 August2018.
  92. ^"Gay" cure "camp in South Africa guilty of murdering teen - Metro Weekly".metroweekly.27 February 2015.Retrieved13 July2017.
  93. ^"Artslink.co.za - 'Vir.Ander' play premieres at State Theatre".Artslink.
  94. ^DeBarros, Luiz (20 May 2014)."SA finally ends gay blood donation ban".Mamba Online.Retrieved20 May2014.
  95. ^National Party Member and Homosexual allegationsArchived10 May 2006 at theWayback Machine
  96. ^Only Protected on Paper,Behind the Mask,April 2011
  97. ^Thirteen-year-old the latest victim of ‘corrective rape’Archived13 November 2012 at theWayback Machine,Erna van Wyk,City Press,5 May 2011
  98. ^Hannah Osborne (9 July 2013)."Johannesburg: Lesbian Duduzile Zozo Murdered With Toilet Brush in 'Corrective Rape' Hate Crime".International Business Times.Retrieved28 July2013.
  99. ^ab"Rape New Weapon Against South African Lesbians".26 November 2007. Archived fromthe originalon 26 November 2007.Retrieved26 January2017.
  100. ^"Hate crimes: the rise of" corrective "rape in South Africa".Archived fromthe originalon 20 March 2009.
  101. ^"Document".25 June 2013.Retrieved4 December2016.
  102. ^"Ninth gay man killed in suspected serial murders in South Africa".18 April 2013. Archived fromthe originalon 30 March 2019.Retrieved26 January2017.
  103. ^Lohr, David (7 October 2011)."Are Police in South Africa Ignoring A Serial Killer Who Is Targeting Gay Men?".The Huffington Post.Retrieved26 January2017.
  104. ^"Gay Johannesburg".Retrieved26 January2017.
  105. ^"1ST PRETORIA PRIDE DETAILS ANNOUNCED - MambaOnline - Gay South Africa online".17 September 2013.
  106. ^"Student Travel Information & Discounts - Events: Gay & Lesbian Events…".27 May 2007. Archived fromthe originalon 27 May 2007.
  107. ^"1st Mpumalanga Gay Parade A Success".mambaonline.11 September 2014.Retrieved3 March2021.
  108. ^"Mambaonline - South Africa's most stylish gay lifestyle portal".Retrieved26 January2017.
  109. ^"History of pride in South Africa".iol.co.za.Retrieved3 March2021.
  110. ^"Mind the Soap".MambaOnline. 1 January 2000. Archived fromthe originalon 4 March 2016.Retrieved26 August2017.
  111. ^"Khaya Dladla has recovered from Covid 19".iol.co.za.iol.co.za.Retrieved22 February2021.
  112. ^"Wright Ngubeni can't get bond right".sowetanlive.co.za. 26 February 2019.Retrieved22 February2021.
  113. ^Eren Oberholzer (27 February 2020)."Somizi and Mohale's 'The Union' breaks viewing records on Showmax".The South African.
  114. ^Kyle Zeeman (27 February 2020)."What a hit! Somizi and Mohale's wedding special breaks streaming record".Sowetan Live.
  115. ^Kedibone Modise (15 March 2020)."Somizi and Mohale share why they did the wedding special".iol.co.za.
  116. ^"South Africa Accommodation".safarinow.
  117. ^"Courier Market".southafrica.info.Archived fromthe originalon 29 May 2008.
  118. ^"Archbishop Tutu 'would not worship a homophobic God'".BBC News.26 July 2013.Retrieved28 July2013.
  119. ^"Boesak Supports Gay Marriages".1 November 2006. Archived fromthe originalon 15 October 2006.Retrieved25 February2017.
  120. ^"The Freethinker - The voice of atheism since 1881 » Whoo-hoo! Dutch Reformed Church must pay damages to gay musician".Archived fromthe originalon 1 October 2018.Retrieved26 January2017.
  121. ^{{https:// ipsos /sites/default/files/ct/news/documents/2023-05/Ipsos%20LGBT%2B%20Pride%202023%20Global%20Survey%20Report%20-%20rev.pdf}}
  122. ^South Africans are “progressive prudes” when it comes to homosexualityMambaonline,9 September 2016
  123. ^"Survey: Africans are generally very tolerant, but just not of gay people".MambaOnline. 2 March 2016.Retrieved26 August2017.
  124. ^ILGA-RIWI Global Attitudes SurveyArchived13 January 2018 at theWayback MachineILGA, October 2017
  125. ^"LGBT+ Pride 2021 Global Survey pointa to a generation gap around gender identity and sexual attraction".Ipsos.9 June 2021.Retrieved6 October2021.
  126. ^Diamant, Jeff (2 November 2020)."How Catholics around the world see same-sex marriage, homosexuality".Pew Research Center.Retrieved30 December2021.
  127. ^Liu, Jingwen (10 May 2024)."South Africa president approves Bill criminalising hate crimes and hate speech".
  128. ^Liu, Jingwen (10 May 2024)."South Africa president approves bill criminalising hate crimes and hate speech".
  129. ^Liu, Jingwen (10 May 2024)."South Africa president approves bill criminalising hate crimes and hate speech".
  130. ^Jeranji, Tiyese (15 September 2021)."In Depth".City Press.
  131. ^"South Africa to introduce third gender option on national IDs".23 April 2021.
  132. ^Marnell, Camminga, de gruchy, John, B, Thea (5 March 2023)."LGBTIQ+ migrants and asylum seekers in South Africa: major new study identifies as diverse, widespread community".theconversation.{{cite news}}:CS1 maint: multiple names: authors list (link)
  133. ^Du Plessis, Charma (7 July 2021)."Children's conversion therapy up for discussion in new bill".Mail & Guardian.
  134. ^Koraan, René (29 June 2015).""Corrective Rape"".Potchefstroom Electronic Law Journal (Pelj).18(5): 1931–1952.doi:10.4314/pelj.v18i5.23.hdl:10394/16958.

Further reading

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[edit]
Wikimedia Commons has media related toLGBT rights in South Africa.
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