Legal Q&A

LGBTQ+ Rights in South Africa

South Africa has some of the strongest LGBTQ+ protections in the world. Discrimination based on sexual orientation is unconstitutional. Same-sex couples have equal marriage and adoption rights.

Free South African Law

Direct Answer

Section 9(3) of the Constitution explicitly prohibits unfair discrimination on the basis of sexual orientation. Same-sex marriages are fully legal and equal under the Civil Union Act. LGBTQ+ persons have equal rights in employment, adoption, healthcare, housing, and all areas of civil life. Discrimination can be taken to the Equality Court or CCMA.

What the Law Says

Your Legal Foundation

Constitution of South Africa

Section 9(3)

“The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including sexual orientation.”

Civil Union Act 17 of 2006

Section 1

“This Act allows persons of the same sex to enter into a marriage or civil union with the same legal consequences as a marriage between persons of opposite sex.”

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Section 6

“No person may unfairly discriminate against any person on the ground of sexual orientation.”

What to Do

Step-by-Step Guide

1If discriminated against in employment based on sexual orientation, refer to the CCMA (unfair discrimination) or the Equality Court. Both are free.
2If discriminated against in housing, healthcare, or services, report to the Equality Court at the nearest Magistrate's Court. Discrimination on grounds of sexual orientation is a priority ground under PEPUDA.
3If subjected to hate speech or harassment, report to the SAHRC and consider a hate crime complaint to the SAPS (SAPS must record bias-motivated crimes).
4For same-sex marriage, apply at any Home Affairs office or a religious officer authorised under the Civil Union Act. You have exactly the same rights as opposite-sex married couples — including joint adoption, next-of-kin status, and spousal maintenance.

What to Say

Exact Words to Use

“"Discriminating against me on the basis of my sexual orientation is unfair discrimination under Section 9(3) of the Constitution and Section 6 of PEPUDA. I am referring this matter to the Equality Court."”

Tone: In writing — to employer, landlord, or service provider

Common Questions

Frequently Asked Questions

Are LGBTQ+ couples allowed to adopt children?

Yes. The Children's Act allows any person regardless of sexual orientation or marital status to adopt. Same-sex couples can jointly adopt. Courts assess adoption solely on the best interests of the child — sexual orientation of the applicants is not a valid basis for refusal.

Is conversion therapy legal in South Africa?

It is not explicitly banned by statute yet, but it is considered a violation of constitutional rights to dignity, bodily integrity, and non-discrimination. The SAHRC has called for its prohibition. If subjected to it without consent, you can report to the HPCSA and SAHRC.

Get Help Now

Resources & Helplines

Equality Court

At nearest Magistrate's Court

Free discrimination complaints.
SAHRC

011 877 3600

Sexual orientation rights violations.
Triangle Project

021 712 6699

LGBTQ+ legal advice and support in South Africa.

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