Western Cape is governed by federal South Africa law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Western Cape is legal.
Current status
Since Oct 9, 1998
Same-sex marriage in Western Cape is legal.
Current status
Since Nov 30, 2006
Legal
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, and remains the only African country to have enacted such rights.
Censorship of LGBT issues in Western Cape is no censorship.
Current status
No censorship
In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Western Cape is legal, but requires medical diagnosis.
Current status
Since Mar 15, 2004
Legal, but requires medical diagnosis
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 non-binary gender in Western Cape is not legally recognized.
Current status
Not legally recognized
While the South African government had brought up offering non-binary identification in 2021, it hasn't been realized as of yet.
LGBT discrimination in Western Cape is illegal.
Current status
Since May 8, 1996
Illegal
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).
On the 10th of May 2024, the President gave royal assent to the Hate Crimes and Hate Speech act which further strengthened LGBT protections in South Africa. The act provides protections under grounds of albinism, ethnic or social origin, gender, HIV and AIDS status, nationality, migrant or refugee status or asylum seekers, race, religion, sex or sexual orientation, gender identity or expression or sex characteristics.
On the 10th of May 2024, the President gave royal assent to the Hate Crimes and Hate Speech act which further strengthened LGBT protections in South Africa. The act provides protections under grounds of albinism, ethnic or social origin, gender, HIV and AIDS status, nationality, migrant or refugee status or asylum seekers, race, religion, sex or sexual orientation, gender identity or expression or sex characteristics.
LGBT employment discrimination in Western Cape is sexual orientation and gender identity.
Current status
Since 1996
Sexual orientation and 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.
LGBT housing discrimination in Western Cape is sexual orientation and gender identity.
Current status
Since 1996
Sexual orientation and 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.
Intersex infant surgery in Western Cape is not banned.
Current status
Not banned
In 2016, the African Commission on Human and Peoples' Rights joined other human rights institutions in condemning human rights violations on intersex people, including in medical settings. In 2016, the United Nations Committee on the Rights of the Child issued recommendations to guarantee bodily integrity and self-determination of intersex and other children, and ensure sanctions on perpetrators of harmful practices. The South African government acknowledged that such practices occur in the country.
Serving openly in military in Western Cape is legal.
Current status
Since May 8, 1996
Legal
South Africa is currently the only African country to allow transgender service in their military.
Blood donations by MSMs in Western Cape is legal.
Current status
Since May 20, 2014
Legal
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.
Conversion therapy in Western Cape is not banned.
Current status
Not banned
There's no evidence that conversation therapy is practiced in South Africa, despite this, conversion therapy is believed to be performed.
Equal age of consent in Western Cape is equal.
Current status
Since Dec 16, 2007
Equal
As of December 14th 2007 all Age of consent is equal across the country.
Ambiguous
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.
Legal Rights
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Alternative names: Wes Kaap