Current Version
| Region | South Africa |
| Issue | LGBT housing discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | 1996 |
| End Date | (none) |
| Description | Section 9(3) of the South African Constitution prohibits unfair discrimination on the grounds of sex, gender and sexual orientation. In addition, the Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. |
| Sources | https://constitutionallyspeaking.co.za/christine-give-them-hell/ |
Revision History (3)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| Start Date | 1999 | 1996 |
| Description | Section 4(1) of the Rental Housing Act (1999) prohibits a landowner from discriminating against tenants on the basis of "sexual orientation". Additionally, Section 1(xxii)(a) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act No. 4) (2000) includes "sexual orientation" as one of the prohibited grounds of discrimination. Section 6 of the Act No. 4 establishes a “general prohibition of unfair discrimination”, according to which “neither the State nor any person may unfairly discriminate against any person”. Moreover, Section 29 includes housing among the areas covered by this Act. Gender identity is not explicity mentioned. | Section 9(3) of the South African Constitution prohibits unfair discrimination on the grounds of sex, gender and sexual orientation. In addition, the Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. |
Show Difference | ||
| Sources | https://database.ilga.org/south-africa-lgbti http://www.saflii.org/za/legis/consol_act/cotrosa1996423/ http://www.saflii.org/za/legis/consol_act/rha1999171/ http://www.saflii.org/za/legis/consol_act/poeapouda2000637/ | https://constitutionallyspeaking.co.za/christine-give-them-hell/ |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| Start Date | Feb 4, 1997 | 1999 |
| Description | Discrimination (including by private parties) prohibited by sec. 9 of the Constitution of 1996. Discrimination in rental housing specifically prohibited by sec. 4 of the Rental Housing Act 50 of 1999. Discrimination in all areas (including housing) prohibited by sec. 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Gender identity is not specifically mentioned but is included by case law. | Section 4(1) of the Rental Housing Act (1999) prohibits a landowner from discriminating against tenants on the basis of "sexual orientation". Additionally, Section 1(xxii)(a) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act No. 4) (2000) includes "sexual orientation" as one of the prohibited grounds of discrimination. Section 6 of the Act No. 4 establishes a “general prohibition of unfair discrimination”, according to which “neither the State nor any person may unfairly discriminate against any person”. Moreover, Section 29 includes housing among the areas covered by this Act. Gender identity is not explicity mentioned. |
Show Difference | ||
| Sources | http://www.saflii.org/za/legis/consol_act/cotrosa1996423/ http://www.saflii.org/za/legis/consol_act/rha1999171/ http://www.saflii.org/za/legis/consol_act/poeapouda2000637/ | https://database.ilga.org/south-africa-lgbti http://www.saflii.org/za/legis/consol_act/cotrosa1996423/ http://www.saflii.org/za/legis/consol_act/rha1999171/ http://www.saflii.org/za/legis/consol_act/poeapouda2000637/ |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Feb 4, 1997 |
| End Date | (none) |
| Description | Discrimination (including by private parties) prohibited by sec. 9 of the Constitution of 1996. Discrimination in rental housing specifically prohibited by sec. 4 of the Rental Housing Act 50 of 1999. Discrimination in all areas (including housing) prohibited by sec. 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Gender identity is not specifically mentioned but is included by case law. |
| Sources | http://www.saflii.org/za/legis/consol_act/cotrosa1996423/ http://www.saflii.org/za/legis/consol_act/rha1999171/ http://www.saflii.org/za/legis/consol_act/poeapouda2000637/ |