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Since 16 December , all discriminatory provisions have been formally repealed. This included introducing an equalised age of consent at 16 regardless of sexual orientation, and all sexual offences defined in gender-neutral terms.

Under South Africa's ruling National Party from to , homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political activists.

Despite state opposition, several South African gay rights organisations formed in the late s. However, until the late s gay organisations were often divided along racial lines and the larger political question of apartheid.

The Gay Association of South Africa GASA , based in the Hillbrow district in central Johannesburg , was a predominantly white organisation that initially avoided taking an official position on apartheid, while the Rand Gay Organisation was multi-racial and founded in opposition to apartheid.

He was outspoken about his sexuality, however, and appeared before Parliament in the late s to protest the tightening of sodomy laws.

The campaign brought to a head the tensions between LGBT activists who overtly opposed apartheid and those that did not.

De Beer was the National Party's first candidate to address gay rights, and advertised for his campaign in Exit.

From the s to the late s, the South African Defence Force forced white gay and lesbian soldiers to undergo various medical "cures" for their sexual orientation, including sex reassignment surgery.

In , the African National Congress , in the Bill of Rights , [a] endorsed the legal recognition of same-sex marriages, [29] and the interim Constitution prohibited discrimination on the basis of sexual orientation.

Two years later, the Constitutional Court of South Africa ruled in a landmark case that the law prohibiting homosexual conduct between consenting adults in private violated the Constitution.

In , during his inauguration speech as president, Nelson Mandela stated the following: [31]. In s the African National Congress was still setting the pace, being the first major political formation in South Africa to commit itself firmly to a Bill of Rights, which we published in November These milestones give concrete expression to what South Africa can become.

They speak of a constitutional, democratic, political order in which, regardless of colour, gender, religion, political opinion or sexual orientation, the law will provide for the equal protection of all citizens.

The gay pride flag of South Africa , designed by Eugene Brockman, [32] [33] is a hybrid of the LGBT rainbow flag and the South African national flag launched in after the end of the apartheid era.

In , Parliament passed the Employment Equity Act. The law protects South Africans from labour discrimination on the basis of sexual orientation, among other categories.

In December , the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender from marrying when it was permitted to people of the opposite gender, and gave the South African Parliament one year to pass legislation which would allow same-sex unions.

In November , the National Assembly voted —41 for a bill allowing same-sex civil marriage, as well as civil partnerships for unmarried opposite-sex and same-sex couples.

However, civil servants and clergy can refuse to solemnise same-sex unions. Former South African President Jacob Zuma was among its most outspoken opponents, claiming in that "when I was growing up, an ungqingili Zulu term describing a homosexual would not have stood in front of me.

I would knock him out. They suffer discrimination, violence and abuse. We must as a nation do better than what we are now.

We are all born the way we are. We need to support, embrace and respect each other. When we treat each other with dignity, we are all more dignified.

When we treat each other with respect, we are all more respected. It is upon us all to contribute to the creation of a more just, equal and safe society.

Every South African must hold themselves, our communities, our institutions and our government accountable for upholding our laws and for protecting the rights of all in South Africa.

In , Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying: [46]. Let us build a society that protects and values those who are vulnerable and who for too long have been rendered marginal.

A society where disability is no impediment, where there is tolerance, and where no person is judged on their sexual orientation, where no person suffers prejudice because of the colour of their skin, the language of their birth or their country of origin.

On 4 August , in the case of S v Kampher , the Cape Provincial Division of the High Court ruled that the common-law crime of sodomy was incompatible with the constitutional rights to equality and privacy, and that it had ceased to exist as an offence when the Interim Constitution came into force on 27 April Strictly speaking, this judgment only applied to the crime of sodomy and not to the other laws criminalising sex between men, and it was also only binding precedent within the area of jurisdiction of the Cape court.

Despite the decriminalisation of sex between men, the age of consent set by the Sexual Offences Act was 19 for homosexual acts but only 16 for heterosexual acts.

This was rectified in by the Criminal Law Sexual Offences and Related Matters Amendment Act , which codified the law on sex offences in gender and orientation neutral terms and set 16 as the uniform age of consent.

On 1 December , in the case of Minister of Home Affairs v Fourie , the Constitutional Court ruled that it was unconstitutional for the state to deny same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation.

Indeed, the act allows both same-sex and opposite-sex couples to contract unions, and allows a couple to choose to call their union either a marriage or a civil partnership.

Whichever name is chosen, the legal consequences are the same as those under the Marriage Act which allows only for opposite-sex marriages.

Prior to the introduction of same-sex marriage, court decisions and statutes had recognised permanent same-sex partnerships for various specific purposes, but there was no system of domestic partnership registration.

The rights recognised or extended by the courts include the duty of support between partners, immigration benefits, employment and pension benefits, joint adoption, parental rights to children conceived through artificial insemination, a claim for loss of support when a partner is negligently killed, and intestate inheritance.

Rights extended by statute include protections against domestic violence and the right to family responsibility leave. A number of High Court judgments have determined that the sexual orientation of a parent is not a relevant issue in decisions on child custody.

In , artificial insemination , which was previously limited to married women, was made legal for single women including lesbians. It also enables the adoptive parents of a child of under two years old to take an adoption leave of two months and two weeks consecutively.

The same provision is made for commissioning parents in a surrogate motherhood agreement. The protection of LGBT rights in South Africa is based on section 9 of the Constitution , which forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties.

The Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution.

The parliamentary caucus of the ruling African National Congress rejected the proposal. The Constitution prohibits all unfair discrimination on the basis of sex, gender or sexual orientation, whether committed by the government or by a private party.

The Employment Equity Act, and the Rental Housing Act, specifically forbid discrimination in employment and housing, respectively.

South Africa does not have any statutory law requiring increased penalties for hate crimes , but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.

The Prevention and Combating of Hate Crimes and Hate Speech Bill , which is pending within the South African Parliament, would outlaw hate crimes and hate speech on grounds of race, gender identity and sexual orientation, among others.

Public consultation on the bill was held between October and December The Cabinet approved the bill in March It must now pass both chambers of Parliament before becoming law.

In his budget speech, Minister for Justice and Correctional Services Ronald Lamola committed that his Department will revive the bill and introduce it into Parliament sometime in Human rights activists argue that, while it is already illegal to assault, murder and rape, the consequences for crimes motivated by hate need to be more severe than ordinary crimes.

This is because, they say, hate crimes are "message crimes" that harm entire communities. According to the Hate Crimes Working Group, over a third of all crimes are motivated by prejudice, with most of these committed based on the victim's race, nationality or sexual orientation.

Others have likened it to the Suppression of Communism Act, The NTT has established a rapid response team to attend to unsolved criminal cases as a matter of urgency and produced an information pamphlet with frequently asked questions about LGBTI persons.

Radebe stated that the Department of Justice acknowledged the need for a specific legal framework for hate crimes and that the matter would be subjected to public debate.

South Africa does not possess a specific anti-bullying law. However, the Protection from Harassment Act 17 of brings widespread relief for all victims of harassment, including children.

The Child Justice Act 75 of aims to rehabilitate and to reconcile children under the age of Depending on age, a bully can be held criminally liable for a myriad of criminal acts, including assault, intimidation, murder, culpable homicide, crimen injuria , theft, malicious injury to property and arson, depending on the facts of each case.

This was the highest among the 38 countries surveyed. In , the government adopted the White Paper on National Defence , which included the statement that, "In accordance with the Constitution, the SANDF shall not discriminate against any of its members on the grounds of sexual orientation.

In , the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership".

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 requires the person to have undergone medical or surgical treatment, such as hormone replacement therapy sex reassignment surgery is not required.

A number of Labour Court rulings have found against employers that mistreated employees who underwent gender transition.

Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicidal ideation.

The South African Society of Psychiatrists states that "there is no scientific evidence that reparative or conversion therapy is effective in changing a person's sexual orientation.

There is, however, evidence that this type of therapy can be destructive". Despite this, conversion therapy is believed to be performed in the country.

In February , owners of a conversion therapy camp were found guilty of murder, child abuse and assault with intent to do grievous bodily harm after three teens were found dead at the camp.

The teens, reportedly, were punched, beaten with spades and rubber pipes, chained to their beds, not allowed to use the toilets at any time and were forced to eat soap and their own feces , all with the aim of "curing" their homosexuality.

During apartheid, Dr. Aubrey Levin led The Aversion Project , a medical torture programme designed to identity gay soldiers and forcedly "cure" their homosexuality.

This included forced castration and shock therapy. The play is based on true events, where young Afrikaner men were subjected to conversion therapies.

It deals with manhood, sexuality and acceptance, and shines a light on the horrors and atrocities of the practice. Men who have sex with men are allowed to donate blood , but any prospective donor who has had a new sexual partner of any gender in the last six months is deferred from donation.

In , the then National Party leader denied accusations that he had paid a man for sex, by stating that he was a Boerseun farmer's son , implying that homosexuality was not something to be found among Afrikaners.

South African gay rights organisations called for an apology. There have been a number of cases in which gay women have been the victims of murder, beating or rape.

For example, the NGO ActionAid has condemned the continued impunity and accused governments of turning a blind eye to reported murders of lesbians in homophobic attacks in South Africa; as well as to so-called corrective rapes , including cases among pupils, in which cases the male rapists purport to raping the lesbian victim with the intent of thereby "curing" her of her sexual orientation.

In May , Professor Juan Nel told Amnesty International that according to studies of three of the nine provinces of South Africa, gay men are victims of homophobic sexual assault as frequently as gay women are, and suggested that under-reporting by male victims and the media has created the perception that they are at less risk of the crime.

Despite the occasional incidents of homophobia, gay people in major urban areas, such as Johannesburg , Pretoria , Durban and Cape Town , are fairly accepted, and all of these cities have a thriving gay nightlife.

Television and film produces programmes which also focus on gay life. In the soap opera's current reincarnation as Generations:The Legacy , there is a transgender woman character by the name of Wandile and her host of LGBT friends and associates.

The telenovela Uzalo also features a gay character by the name of GC, who was embroiled in a church dispute about his sexuality, illustrating the rural and urban demographic perceptions about sexuality in South Africa.

Somizi and Mohale: The Union , which began streaming on Showmax on 24 February , is a four-episode special focusing on the wedding of Somizi Mhlongo and Mohale Motaung.

South Africa, due to its reputation as Africa's most gay-friendly destination, attracts thousands of LGBT tourists annually. LGBT professionals are employed at major companies throughout the country.

LGBT people are also targeted through various marketing campaigns, as the corporate world recognises the value of the Pink Rand. The Dutch Reformed Church has ruled that gay members should not be discriminated against and can hold positions within the church.

However, much criticism of the church still exists; in a court ruled against a church congregation for firing a gay musician; the issue provoked much uproar from the gay community and within liberal circles.

The decision was reversed in , but reinstated in Although the constitutional and legal system in South Africa theoretically ensure equality, social acceptance is generally lacking, especially outside of urban areas in the eastern half of the country.

From Wikipedia, the free encyclopedia. Years List Category. Human rights Minority rights Discrimination Freedom Index. Main article: Same-sex marriage in South Africa.

See also: Pride parades in South Africa. The other foundation. The Guardian. Widney Brown, Gail Cooper. California Law Review.

Retrieved 9 April Principles of Criminal Law 1st ed. Cape Town: Juta. In West, Donald J. New York: Plenum Press. BBC News.

Retrieved 23 December South African History Online. Retrieved 14 June Archived from the original on 27 June Journal of Southern African Studies.

Retrieved 1 September Retrieved 26 January Agenda: Empowering Women for Gender Equity 11 : 45— Archived from the original on 19 March Mvuleni Fana was walking down a quiet alleyway in Springs — 30 miles east of Johannesburg — on her way home from football practice one evening when four men surrounded her and dragged her back to the football stadium.

She recognised her attackers. One by one, the men raped her, beating her unconscious and leaving her for dead. The next morning, Mvuleni came round, bleeding, battered, in shock, and taunted by one overriding memory — the last thing they said to her before she passed out: "After everything we're going to do to you, you're going to be a real woman, and you're never going to act like this again".

Corrective rape is a hate crime wielded to convert lesbians to heterosexuality — an attempt to 'cure' them of being gay. The term was coined in South Africa in the early s when charity workers first noticed an influx of such attacks.

But despite recognition and international coverage, corrective rape in the region is escalating in severity, according to Clare Carter, the photographer behind these images.

This is amid a backdrop of parts of the country "becoming more homophobic", as one recent victim asserts. Compared to many of South Africa's victims, Mvuleni was lucky: she survived.

At least 31 women in the past 15 years did not. In , to cite one incident, Sizakele Sigasa, a women's and gay rights activist, and her friend Salone Massooa, were outside a bar when a group of men started heckling and calling them tomboys.

The women were gang raped, tortured, tied up with their underwear and shot in the head. No one was ever convicted.

Mvuleni's case was also unusual as, unlike 24 out of 25 rapes that even reach trial in South Africa, two of her attackers were convicted and imprisoned for 25 years.

The others remain at large. Ever since a report by the United Nations Office on Crime and Drugs ranked South Africa as highest for rapes per capita, it has repeatedly been described as the rape capital of the world: , rapes a year; one every 17 seconds; one in every two women will be raped in her lifetime.

A quarter of men in the Eastern Cape Provinces, when asked anonymously by the Medical Research Council, admitted to raping at least once — three quarters of whom said their victim was under 20, a tenth said under A quarter of schoolboys in Soweto described "jackrolling" — the local term for gang rape — as "fun".

Although statistics for corrective rape have not been compiled nationally, one support group in Cape Town told ActionAid researchers in they deal with 10 new cases every week.

Horrified at the magnitude of the problem, she spent two years there, finding those affected and gaining their trust.

In total, Carter photographed 45 survivors, hearing their stories and piecing together the mosaic forces fuelling the crime by interviewing priests and NGO workers, gay rights activists and family members.

She also met with rapists. Carter's investigation — the most comprehensive of its kind — brought her right across the country, zigzagging from Durban and Johannesburg to Cape Town and Port Elizabeth, from some of the smartened-up townships replete with tourist-pleasing government housing, to shack-stuffed rural sprawls.

Indeed, when we meet in London, Carter produces transcripts of interviews with the survivors she photographed, which more often than not refer to knives, stones and sticks being used.

One woman describes being anally raped by a gang brandishing a broom handle. There is one testimony in particular that stands out, from a young woman called Pearl Mali.

Carter was introduced to her by Funeka Soldaat, who runs Free Gender, an LGBT rights organisation that specialises in helping victims of corrective rapes.

Free Gender have "no phone, no computer, no money, no counsellors, nothing, except Funeka's house". Pearl is now 21 and volunteers there.

She was 12 when it happened. Her mother suspected Pearl might be a lesbian as she was a "tomboy" and so one day her mother returned home from church with an "old man".

Pearl doesn't know what conversation had taken place, only that "there was money involved". Her mother told her to go to her room. He said he was going to sleep there with her, and started slapping Pearl, who screamed, bringing her mother to the door.

He told me to take off my clothes and I refused. He beat me — I was fighting him but he overpowered me and raped me. The next morning, Pearl's mother acted normally, and soon after asked him to move in.

For the next four years he regularly raped Pearl, as her de-facto husband, to make her straight. She tried going to the police, but they started "laughing" when she said the most recent rape was last week.

They expect women to come immediately. Pearl became pregnant by him at 16, prompting her to go to the police again, who this time imposed a restraining order against the man.

But days after giving birth, her abuser came to the house while she was alone with the baby. He kicked me on my waist and all the stitches got loose.

Her mother believed that if Pearl touched and fed the boy "it will make him gay". Pearl moved out and went to court to gain access, but three years later, she is still trying to win custody and is currently only allowed to visit her son at weekends.

I hanged myself; it was on a Monday. I took pills, took alcohol, drank cleaning appliances and then hanged myself. But God said, 'It is not your time'.

Familial collusion in corrective rape is common, according to Carter. Simphiwe Thandeka, from Pietermaritzburg the capital city of the conservative, fervently Christian province of KwaZulu-Natal was 13, and a "tomboy", when a male relation started asking, "Why do you dress like this?

He raped her in bed one night, putting a pillowcase over her mouth. When she told her mother the next day — because she was bleeding heavily — her mother replied that it is a "family matter", and neglected to tell Simphiwe that the man is HIV positive.

Simphiwe only discovered she had contracted the virus — a common outcome for such victims — three years later when she became pregnant by the man's friend, whom he had tried to marry her off to in a final attempt to "correct" her sexuality.

After repeatedly raping and beating her with a coat hanger, the friend sent Simphiwe back to her uncle, realising she would never be heterosexual and they would therefore never "get on".

Now a mother, a local man told a friend of Simphiwe's that he was attracted to her, but the friend informed him that she liked women. I was scared.

He came to my home, he said he wanted to apologise for what he told my friend, but then he blocked me with his hand. He raped me in the dining room.

This time she went to the police but "they take his side She called her second child Blessing. Of all the countries in the continent, South Africa should be the least likely to be tarnished by homophobic hate crimes.

Its constitution was the first in the world to secure the equal rights of LGBT people and a flurry of laws followed preventing workplace discrimination and, in , allowing gay marriage.

If you don't have money you don't have access to the justice system. Violence in the townships is normal.

Homosexuality is [seen as] un-African. Patriarchy is everywhere. The way religious leaders read scripture is painful.

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