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

The ability for same-sex couples to legally adopt a child.

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

As of December 14th 2007 all Age of consent is equal across the country. 

The difference between legal age of consent for homosexual sex and heterosexual sex.

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.

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.

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.

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.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

Men cannot donate blood before May 2014, at the time it was a high risk for HIV and AIDS. They have since nulled the bill. A newer one has passed

In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

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 recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

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. 

There's no evidence that conversation therapy is practiced in South Africa, despite this, conversion therapy is believed to be performed.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

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).

Prohibition of discrimination based on sexual orientation and/or 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.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

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.

Consensual sexual activity between individuals of the same sex.

The prescribed penalty was a fine of up to R4000 or imprisonment for up to two years, or both.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

As of 2006, South Africa made it legal to have a gay marriage as well as any other form of marriage in the act. As of 2020, there was an amendment to the bill, stating that same-sex marriage is a sole reason to get married. South Africa was the fifth country in the world to legalise same-sex marriage.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

South Africa is currently the only African country to allow transgender service in their military.

The ability for homosexuals to serve in the military and be open about their sexuality.

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

While the South African government had brought up offering non-binary identification in 2021, it hasn't been realized as of yet.

Legal recognition of non-binary, genderqueer, or third gender identities.

South Africa

Gay Knysna Guide 2024 - ברים, מועדונים, סאונות ועוד

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