Home › Rights by Province › Gauteng › LGBTQ+ Rights

LGBTQ+ Rights in Gauteng — Legal Protections You Need to Know

South Africa's Constitution was the first in the world to explicitly protect sexual orientation as a listed ground under the equality guarantee. In Gauteng, LGBTQ+ persons cannot be discriminated against in employment, housing, healthcare, or any public service.

The Law That Protects You

Constitution of the Republic of South Africa, 1996 — Section 9
No person may unfairly discriminate on the basis of sexual orientation. This is an explicitly listed ground.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — Section 8
No person may unfairly discriminate on the basis of gender, including gender identity or sexual orientation, in any sector.

What To Do — Step by Step

  1. Document the discrimination — record dates, what was said, who witnessed it, and keep any written evidence.

  2. Report workplace discrimination to the CCMA (within 6 months) as an unfair labour practice or refer as a listed ground discrimination matter.

  3. Approach the Equality Court for discrimination in non-employment contexts — housing, services, schools, or social settings.

  4. Contact organisations like the Triangle Project, OUT, or LGBTIQ+ Equality SA for legal referral and support.

Frequently Asked Questions

Is same-sex marriage legal in Gauteng?
Yes. The Civil Union Act (amended 2023) allows same-sex couples to marry at any Home Affairs office across South Africa, including in Gauteng.
Can I be fired for being gay or transgender in Gauteng?
No. Discrimination based on sexual orientation or gender identity in employment is expressly prohibited. Refer to the CCMA or Labour Court within 30 days of dismissal.
What if I face "corrective rape" or hate crimes in Gauteng?
Report immediately to SAPS and IPID. The Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023 criminalises hate crimes targeting LGBTQ+ persons.

Legal Resources in Gauteng

📋 CCMA: Johannesburg CCMA (011 377 6650) or Pretoria CCMA (012 843 1000)

⚖️ Legal Aid SA: Legal Aid South Africa — Johannesburg (011 877 2000) or Pretoria (012 325 1726)

🏛️ High Court: Gauteng Division of the High Court (Johannesburg: 011 335 0082 | Pretoria: 012 315 0868)

🏢 Magistrates' Courts: Johannesburg, Pretoria, Randburg, Soweto, Midrand, and other magistrates' courts

🏠 Rental Housing Tribunal: Gauteng Rental Housing Tribunal (011 355 4000)

Gauteng has the highest volume of labour disputes, housing evictions, and consumer complaints in the country. Multiple CCMA regional offices serve the province.