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Former South African President Jacob Zuma was among its most outspoken opponents, claiming in 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. 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 , Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying: [46]. 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.
On 4 August , in the case of S v Kampher , the Cape Provincial Division 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 came into force on 27 April 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.
Despite the decriminalisation of sex between men, the age of consent set by the Sexual Offences Act was 19 for homosexual acts but only 16 for heterosexual acts. This was rectified in 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.
On 1 December , in the case of Minister of Home Affairs v Fourie , the Constitutional Court ruled that it was unconstitutional for the state to deny same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation. 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. 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 , artificial insemination , which was previously limited to married women, was made legal for single women including lesbians. 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.
The same provision is made for commissioning parents in a surrogate motherhood agreement.
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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. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution. 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.
The Employment Equity Act, and the Rental Housing Act, specifically forbid discrimination in employment and housing, respectively. South Africa does not have any statutory law requiring increased penalties for hate crimes , but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.
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 The Cabinet approved the bill in March It must now pass both chambers of Parliament before becoming law. 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 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. Others have likened it to the Suppression of Communism Act, 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. South Africa does not possess a specific anti-bullying law. However, the Protection from Harassment Act 17 of brings widespread relief for all victims of harassment, including children.
The Child Justice Act 75 of aims to rehabilitate and to reconcile children under the age of Depending on age, a bully can be held criminally liable for a myriad of criminal acts, including assault, intimidation, murder, culpable homicide, crimen injuria , theft, malicious injury to property and arson, depending on the facts of each case.
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This was the highest among the 38 countries surveyed. In , 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 , the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership". The Alteration of Sex Description and Sex Status Act allows people to apply to have their sex status altered in the population registry , and consequently to receive identity documents and passports 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 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 , owners of a conversion therapy camp were found guilty of murder, child abuse and assault with intent to do grievous bodily harm after three teens were found dead at the camp. The teens, reportedly, were punched, beaten with spades and rubber pipes, chained to their beds, not allowed to use the toilets at any time and were forced to eat soap and their own feces , all with the aim of "curing" their homosexuality.
During apartheid, Dr. Aubrey Levin led The Aversion Project , a medical torture programme designed to identity gay soldiers and forcedly "cure" their homosexuality. This included forced castration and shock therapy. The play is based on true events, where young Afrikaner men were subjected to conversion therapies. It deals with manhood, sexuality and acceptance, and shines a light on the horrors and atrocities of the practice.
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Until , the South African National Blood Service imposed blood donation restrictions on men who have sex with men , requiring that they abstain from sex for at least 6 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.
In , 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. 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 , 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. 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.
Television and film produces programmes which also focus on gay life. In the soap opera's current reincarnation as Generations:The Legacy , there is a transgender woman character by the name of Wandile and her host of LGBT friends and associates. The telenovela Uzalo also features a gay character by the name of GC, who was embroiled in a church dispute about his sexuality, illustrating the rural and urban demographic perceptions about sexuality in South Africa.
Somizi and Mohale: The Union , which began streaming on Showmax on 24 February , is a four-episode special focusing on the wedding of Somizi Mhlongo and Mohale Motaung. South Africa, due to its reputation as Africa's most gay-friendly destination, attracts thousands of LGBT tourists annually. 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.
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 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. The decision was reversed in , but reinstated in Although the constitutional and legal system in South Africa theoretically ensure equality, social acceptance is generally lacking, especially outside of urban areas in the eastern half of the country.
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Years List Category. Human rights Minority rights Discrimination Freedom Index. Main article: Same-sex marriage in South Africa. See also: Pride parades in South Africa.
The other foundation. The Guardian.