Entry #917: LGBT housing discrimination in South Africa

Current Version

RegionSouth Africa
IssueLGBT housing discrimination
StatusSexual orientation and gender identity
Start Date1996
End Datenow
DescriptionSection 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.
Sourceshttps://constitutionallyspeaking.co.za/christine-give-them-hell/


Revision History (2)

Revision by Sky. Fixing data.

Old Value New Value (Current)
ValueSexual orientation onlySexual orientation and gender identity
Start Date19991996
DescriptionSection 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
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. 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.
Sourceshttps://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
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/

Revision by Nathan. Source added, correction

Old Value (Original) New Value
ValueSexual orientation and gender identitySexual orientation only
Start DateFeb 4, 19971999
DescriptionDiscrimination (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
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.
Sourceshttp://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
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/

ctnguy created this entry.