- Homosexuality⚢✔ Legal
- Marriage⚭✔ Legal
- Changing Gender✔ Legal, but requires surgery
- Adoption✔ Legal
- Discrimination✔ Illegal
- Employment Discrimination✔ Sexual orientation and gender identity
- Housing Discrimination✔ Sexual orientation and gender identity
- Military✔ Legal
- Donating Blood✖ Banned (6-month deferral)
- Age of Consent✔ Equal
- Conversion Therapy✔ Banned
Public Opinion
History
Current status
(since Oct 9, 1998)
(since Oct 9, 1998)
Current status
(since Nov 30, 2006)
(since Nov 30, 2006)
Legal
Current status
(since Mar 15, 2004)
(since Mar 15, 2004)
Legal, but requires surgery
Current status
(since May 8, 1996)
(since May 8, 1996)
Illegal
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)
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.
Current status
(since May 8, 1996)
(since May 8, 1996)
Legal
Current status
(since May 2014)
(since May 2014)
Banned (6-month deferral)
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.
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.