Current Version
| Region | South Africa |
| Issue | Homosexual activity |
| Status | Male illegal, female uncertain |
| Start Date | (unknown) |
| End Date | Apr 12, 1957 |
| Description | The Roman-Dutch common law, introduced to South Africa by Dutch settlers in the 17th and 18th centuries, prohibited homosexual acts between men as "sodomy" or "unnatural sexual acts". In earlier years this had also included female homosexual acts but by the 20th century it no longer did. |
| Sources | https://lawcat.berkeley.edu/record/1117697/files/fulltext.pdf - pages 678 to 680 in particular https://www.nationalarchives.gov.za/sites/default/files/ITEM_NEG-0019-0007-_-040_0.pdf |
Revision History (2)
edited by ctnguy. This was incorrect - so-called "sodomy" was always a common-law crime in the colonial and Union eras
Helpful?
0 | Old Value (Original) | New Value (Current) | |
|---|---|---|
| Value | Legal | Male illegal, female uncertain |
| Start Date | May 31, 1910 | (unknown) |
| Description | When the Union of South Africa gained its independence, it made no mention of same sex relations in its constitution. | The Roman-Dutch common law, introduced to South Africa by Dutch settlers in the 17th and 18th centuries, prohibited homosexual acts between men as "sodomy" or "unnatural sexual acts". In earlier years this had also included female homosexual acts but by the 20th century it no longer did. |
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| Sources | https://en.wikisource.org/wiki/South_Africa_Act,_1909 | https://lawcat.berkeley.edu/record/1117697/files/fulltext.pdf - pages 678 to 680 in particular https://www.nationalarchives.gov.za/sites/default/files/ITEM_NEG-0019-0007-_-040_0.pdf |
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