Rights Guide

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 2 related guides
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.
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Your Legal Foundation

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

Step-by-Step Guide

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
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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.

Resources & Helplines

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