- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Non-binary gender recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Public Opinion
Views on same-sex marriage or other legal recognition
Ranked #16 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(15%) Against
Support (71%)
Views on same-sex couples' right to adopt
Ranked #11 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(23%) Disagree
Agree (69%)
"Should society accept homosexuality?" (2019) ?
Ranked #17 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)
(38%) No
Yes (54%)
Acceptance of Homosexuals as Neighbors ?
Ranked #2 out of 33 regions surveyed. (Source: Afrobarometer, 2014–2016)
(32.16%) Not tolerate
Tolerate (67.09%)
Acceptance of Homosexuals as Neighbors ?
Ranked #2 out of 34 regions surveyed. (Source: Afrobarometer, 2016–2018)
(28.38%) Not tolerate
Tolerate (69.6%)
"Should society accept homosexuality?" (2013) ?
Ranked #23 out of 39 regions surveyed. (Source: Pew Research Center, June, 2013)
(61%) No
Yes (32%)
Perceived Acceptance of Gay People ?
Ranked #36 out of 119 regions surveyed. (Source: Gallup, 2013)
(51%) Not a good place
Good place (49%)
By The Numbers
72.2%
Believe transgender people should be protected from discrimination.
62.8%
Believe transgender people should be allowed to serve in the military.
58.9%
Believe transgender people should be allowed to adopt children
57.7%
Believe transgender people should have access to gender-affirming surgery.
(Williams Institute, 2017)
History
Homosexual activity in South Africa is legal.
Current status
Since Oct 9, 1998
Since Oct 9, 1998
Same-sex marriage in South Africa is legal.
Current status
Since Nov 30, 2006
Since Nov 30, 2006
Legal
Censorship of LGBT Issues in South Africa is no censorship.
Current status
No censorship
In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in South Africa is legal, but requires surgery.
Current status
Since Mar 15, 2004
Since Mar 15, 2004
Legal, but requires surgery
Medical OR surgical treatment required to change legal gender.
Legal recognition of non-binary gender in South Africa is recognized.
Current status
Since 2021
Since 2021
Recognized
Non-Binary people will now have access to a 3rd gender option in government documents, should come into effect shortly.
LGBT discrimination in South Africa is illegal.
Current status
Since May 8, 1996
Since May 8, 1996
Illegal
LGBT employment discrimination in South Africa is sexual orientation and gender identity.
Current status
Since 1996
Since 1996
Sexual orientation and gender identity
prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
LGBT housing discrimination in South Africa is sexual orientation and gender identity.
Current status
Since Feb 4, 1997
Since Feb 4, 1997
Sexual orientation and gender identity
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.
Serving openly in military in South Africa is legal.
Current status
Since May 8, 1996
Since May 8, 1996
Legal
Blood donations by MSMs in South Africa is legal.
Current status
Since Jan 2014
Since Jan 2014
Legal
Newer law has been passed. As of 20/05/2014 South African National Blood Service (SANBS) will accept donations from anyone as long as they have been in a monogamous relationship for the prior six months, or celibate - regardless of sexual orientation. Donors will be asked about sexual history rather than sexual orientation. Six month deferral instead applies to everyone with new sexual partners.
Conversion therapy in South Africa is not banned.
Current status
Not banned
There's no evidence that conversation therapy is practiced in South Africa, despite this, conversion therapy is believed to be performed.
Equal age of consent in South Africa is equal.
Current status
Since Dec 14, 2007
Since Dec 14, 2007
Equal
Ambiguous
Section 14 of the Sexual Offences Act 23 of 1957, as inserted by the Immorality Amendment Act 2 of 1988, set the age of consent for gay and lesbian sex at 19, as opposed to 16 for straight sex. However, in the case of Geldenhuys v National Director of Public Prosecutions and Others the Constitutional Court found this discrimination to be unconstitutional, and set 16 as the uniform age of consent retroactively to 27 April 1994.
LGBT Rights by Province
View the LGBT laws in each individual province of South Africa.
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