LGBT Rights in South Africa

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

Homosexual activity in South Africa

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

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

Same-sex marriage in South Africa

Current status
(since Nov 30, 2006)

Legal

Details · Accurate? Yes No

Right to change legal gender in South Africa

Current status
(since Mar 15, 2004)

Legal, but requires surgery

Details · Accurate? Yes No

Same-sex adoption in South Africa

Current status
(since Apr 1, 2010)

Legal

Made officially legal through the Consolidated Children's Act of 2010

Details · Accurate? Yes No

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

LGBT discrimination in South Africa

Current status
(since May 8, 1996)

Illegal

Details · Accurate? Yes No

LGBT employment discrimination in South Africa

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

LGBT housing discrimination in South Africa

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

Homosexuals serving openly in military in South Africa

Current status
(since May 8, 1996)

Legal

Details · Accurate? Yes No

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

Blood donations by MSMs in South Africa

Current status
(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.

Details · Accurate? Yes No

Nov 1, 2007–May 2014

Banned (6-month deferral)

Details · Accurate? Yes No

Equal age of consent in South Africa

Current status
(since Dec 14, 2007)

Equal

Details · Accurate? Yes No

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

Mar 4, 1988–Apr 27, 1994

Unequal

Details · Accurate? Yes No

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