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 ▸  Africa

    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, surgery not required
    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
    Unknown
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #16 out of 27 countries surveyed. (Source: Ipsos, April–May, 2021)
(15%) Against
Support (71%)

Views on same-sex couples' right to adopt

Ranked #11 out of 27 countries surveyed. (Source: Ipsos, April–May, 2021)
(23%) Disagree
Agree (69%)

"Should society accept homosexuality?" (2019)

Ranked #17 out of 34 countries surveyed. (Source: Pew Research Center, May–October, 2019)

Question: "Should society accept homosexuality?"

(38%) No
Yes (54%)

Acceptance of Homosexuals as Neighbors

Ranked #2 out of 33 countries surveyed. (Source: Afrobarometer, 2014–2016)

Question: "For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: Homosexuals?"

(32.16%) Not tolerate
Tolerate (67.09%)

Acceptance of Homosexuals as Neighbors

Ranked #2 out of 34 countries surveyed. (Source: Afrobarometer, 2016–2018)

Question: "For each of the following types of people, please tell me whether you would like having people from this group as neighbours, dislike it, or not care: Homosexuals?"

(28.38%) Not tolerate
Tolerate (69.6%)

"Should society accept homosexuality?" (2013)

Ranked #23 out of 39 countries surveyed. (Source: Pew Research Center, June, 2013)

Question: "Should society accept homosexuality?"

(61%) No
Yes (32%)

Perceived Acceptance of Gay People

Ranked #36 out of 119 countries surveyed. (Source: Gallup, 2013)

Question: "Is the city or area where you live a good place or not a good place for homosexuals?"

(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

?

Homosexual activity in South Africa is legal.

Current status
Since Oct 9, 1998
Legal
While it remained illegal until the court gave its ruling on 9 October 1998, the 1998 ruling was ordered to be retroactively applied to 27 April 1994.
Details  ·  Accurate? Yes No
Sources:
info.gov.za/documents/const…
saflii.org/za/cases/ZACC/19…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Apr 12, 1957–Aug 27, 1998
Illegal (imprisonment as punishment)
The prescribed penalty was a fine of up to R4000 or imprisonment for up to two years, or both.
Details  ·  Accurate? Yes No
Sources:
saflii.org/za/cases/ZACC/19…
en.wikisource.org/wiki/Sexu…
en.wikisource.org/wiki/Immo…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in South Africa

?

Same-sex marriage in South Africa is legal.

Current status
Since Nov 30, 2006
Legal
Details  ·  Accurate? Yes No
Sources:
info.gov.za/view/DownloadFi…
Added by brennen  ·  4 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in South Africa

?

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.
Details  ·  Accurate? Yes No
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in South Africa

?

Right to change legal gender in South Africa is legal, surgery not required.

Current status
Since Mar 15, 2004
Legal, surgery not required
Medical OR surgical treatment required to change legal gender.
Details  ·  Accurate? Yes No
Sources:
gov.za/documents/alteration…
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in South Africa

?

Legal recognition of non-binary gender in South Africa is recognized.

Current status
Since 2021
Recognized
Non-Binary people will now have access to a 3rd gender option in government documents, should come into effect shortly.
Details  ·  Accurate? Yes No
Sources:
africanews.com/2021/11/21/s…

businesstech.co.za/news/gov…
Added by DuffdeNecker  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in South Africa

?

LGBT discrimination in South Africa is illegal.

Current status
Since May 8, 1996
Illegal
Details  ·  Accurate? Yes No
Sources:
justice.gov.za/EQCact/eqc_m…
france.qrd.org/assocs/ilga/…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in South Africa

?

LGBT employment discrimination in South Africa is sexual orientation and gender identity.

Current status
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)
Details  ·  Accurate? Yes No
Sources:
old.ilga.org/Statehomophobi…
Added by murrayhawthorne  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in South Africa

?

LGBT housing discrimination in South Africa is sexual orientation and gender identity.

Current status
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.
Details  ·  Accurate? Yes No
Sources:
saflii.org/za/legis/consol_…
saflii.org/za/legis/consol_…
saflii.org/za/legis/consol_…
Added by ctnguy  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in South Africa

?

Same-sex adoption in South Africa is legal.

Current status
Since Apr 1, 2010
Legal
Made officially legal through the Consolidated Children's Act of 2010
Details  ·  Accurate? Yes No
Sources:
centreforchildlaw.co.za/ima…
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Sep 10, 2002–Apr 1, 2010
Legal
Legal under the case of Du Toit v Minister of Welfare and Population Development, later made official through the Consolidated Children's Act of 2010
Details  ·  Accurate? Yes No
Sources:
info.gov.za/view/DownloadFi…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in South Africa

?

Serving openly in military in South Africa is legal.

Current status
Since May 8, 1996
Legal
Details  ·  Accurate? Yes No
Sources:
info.gov.za/whitepapers/199…
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 1971–Jan 1, 1989
Ambiguous
Between these time frames, the military often sent homosexual soldiers to psychiatric hospitals for shock therapy and, in some cases, sexual reassignment surgeries. Between 1967 and 1991, all white males over the age of 16 were conscripted in South Africa
Details  ·  Accurate? Yes No
Sources:
thegully.com/essays/africa/…
Added by brennen  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in South Africa

?

Blood donations by MSMs in South Africa is legal.

Current status
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.
Details  ·  Accurate? Yes No
Sources:
mambaonline.com/2014/05/20/…
Added by imullin01  ·  2 accurate votes  ·  Report Error  ·  Log

Nov 1, 2007–May 2014
Banned (6-month deferral)
Details  ·  Accurate? Yes No
Sources:
iol.co.za/news/south-africa…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in South Africa

?

Conversion therapy in South Africa is unknown.

Current status
Unknown

Equal age of consent in South Africa

?

Equal age of consent in South Africa is equal.

Current status
Since Dec 14, 2007
Equal
Details  ·  Accurate? Yes No
Sources:
info.gov.za/view/DownloadFi…
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Apr 27, 1994–Dec 16, 2007
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.
Details  ·  Accurate? Yes No
Sources:
saflii.org/za/cases/ZACC/20…
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log

Mar 4, 1988–Apr 27, 1994
Unequal
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. Gay male sex was in any case illegal for all ages.
Details  ·  Accurate? Yes No
Sources:
en.wikisource.org/wiki/Immo…
Added by ctnguy  ·  1 accurate vote  ·  Report Error  ·  Log

May 21, 1969–Mar 4, 1988
Unequal
Even though gay male sex was illegal for all ages, section 14 of the Immorality Act 23 of 1957, as inserted by the Immorality Amendment Act 57 of 1969, set the age of consent for gay male sex at 19, as opposed to 16 for straight sex. There was no age of consent for lesbian sex.
Details  ·  Accurate? Yes No
Sources:
en.wikisource.org/wiki/Immo…
Added by ctnguy  ·  0 accurate votes  ·  Report Error  ·  Log
Equality Index ?
80 / 100
Legal Rights
100 / 100
Public Opinion
59 / 100
#38
Interest Rank ?

Top Contributors

Discussions

5 Users live in South Africa

zonkiboy
michaelherd3
ctnguy
JACQUES1986
DuffdeNecker

South Africa LGBT Organizations

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