- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in South Africa appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 11 LGBTQ+ Equaldex users who lived in or visited South Africa.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Same-sex marriage in South Africa is legal.
Current status
Since Nov 30, 2006
Legal
In 2006, South Africa passed a landmark bill, legalising same-sex marriage and becoming the first African country to do so. However, the law (Section 6 of the Civil Union Act) allows marriage officers to refuse to perform such marriages under personal morals exceptions. The marriage being same-sex is permitted as a sole reason for obejction.
Censorship of LGBT issues in South Africa is no censorship.
Current status
Since Feb 2, 1990
No censorship
In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the reforms of 1990 and the end of the apartheid era.
State-enforced
Restrictions on LGBTIQ+ expression became policy of the apartheid regime in 1966 after a raid in Forest Town where nine men were arrested for "masquerading as women" and participating in "indecent activity". This would lead to an attempted amendment to the Immorality Act of 1957, which previously only criminalised homosexuality in public, in 1968.
Repression led to the emergence of the Gayle language by underground LGBTIQ+ South Africans using secret code words to allow LGBTIQ+ people to express freely without detection in public.
Although LGBTIQ+ groups were persecuted in all areas, those opposed to the apartheid regime were given extensive mistreatment even from white gay groups.
Repression led to the emergence of the Gayle language by underground LGBTIQ+ South Africans using secret code words to allow LGBTIQ+ people to express freely without detection in public.
Although LGBTIQ+ groups were persecuted in all areas, those opposed to the apartheid regime were given extensive mistreatment even from white gay groups.
Right to change legal gender in South Africa is legal, but requires medical diagnosis.
Current status
Since Mar 15, 2004
Legal, but requires medical diagnosis
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 states that transgender persons must undergo gender reassignment. This includes medical interventions but is not limited to surgery alone. Hormone therapy is considered to be gender reassignment, therefore surgery per se is not required.
Legal, but requires surgery
The Births, Deaths and Marriages Registration Act 51 of 1974 provided the legal foundation for—ostensibly white—South Africans who had “undergone a change of sex” to alter their “sex description” in the country’s birth register.
Gender-affirming care in South Africa is legal.
Current status
Legal
There is no age limit in South Africa to access HRT however it can be difficult due to practical limitations. Sex reassignment surgery has the only age limit (SRS) in which you must be 18 or have parental consent. Waiting lists for public hospitals are very long and are more likely to be reluctant to give minors SRS whereas private healthcare is very expensive.
Legal recognition of non-binary gender in South Africa is not legally recognized.
Current status
Not legally recognized
While the South African government had brought up offering non-binary identification in 2021, it hasn't been realized as of yet.
LGBT discrimination in South Africa is illegal.
Current status
Since May 8, 1996
Illegal
Prohibition of "sexual orientation" discrimination was first included at Section 8 of the Interim Constitution that came into force in April 1994, and was carried through Section 9(3) of the Constitution of South Africa (1996).
On the 10th of May 2024, the President gave royal assent to the Hate Crimes and Hate Speech act which further strengthened LGBT protections in South Africa. The act provides protections under grounds of albinism, ethnic or social origin, gender, HIV and AIDS status, nationality, migrant or refugee status or asylum seekers, race, religion, sex or sexual orientation, gender identity or expression or sex characteristics.
On the 10th of May 2024, the President gave royal assent to the Hate Crimes and Hate Speech act which further strengthened LGBT protections in South Africa. The act provides protections under grounds of albinism, ethnic or social origin, gender, HIV and AIDS status, nationality, migrant or refugee status or asylum seekers, race, religion, sex or sexual orientation, gender identity or expression or sex characteristics.
Illegal in some contexts
In 1995, South Africa passed its Labour Relations Act which prevented discrimination on the basis of sexual orientation in employment. Gender identity is not explicitly mentioned but implied.
LGBT employment discrimination in South Africa is sexual orientation and gender identity.
Current status
Since Dec 13, 1995
Sexual orientation and gender identity
Section 9(3) of the South African Constitution prohibits unfair discrimination on the grounds of sex, gender and sexual orientation. There are also protections since 1995 under the Labour Relations Act. In addition, the Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people under gender and sex.
LGBT housing discrimination in South Africa is sexual orientation and gender identity.
Current status
Since May 8, 1996
Sexual orientation and gender identity
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.
Intersex infant surgery in South Africa is not banned.
Current status
Not banned
In 2016, the African Commission on Human and Peoples' Rights joined other human rights institutions in condemning human rights violations on intersex people, including in medical settings. In 2016, the United Nations Committee on the Rights of the Child issued recommendations to guarantee bodily integrity and self-determination of intersex and other children, and ensure sanctions on perpetrators of harmful practices. The South African government acknowledged that such practices occur in the country.
Serving openly in military in South Africa is legal.
Current status
Since May 8, 1996
Legal
South Africa is currently the only African country to allow transgender service in their military.
Legal
Under the interim constitution after apartheid, the new government took a more progressive position towards a diverse military and seemingly allowed LGBT soldiers to serve.
Blood donations by MSMs in South Africa is legal.
Current status
Since May 20, 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
Conversion therapy is not banned in South Africa.
Equal age of consent in South Africa is equal.
Current status
Since Dec 16, 2007
Equal
The age of consent in South Africa is equal for homosexual sex and heterosexual sex.
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.
Equality Rank
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#24 Austria73
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#25 Ireland72
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#26 Mexico71
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#27 South Africa71
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#28 Switzerland70
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#29 United States70
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#30 United Kingdom69
#38
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