South Africa
Citation: TvT research project (2010) “Country Results: South Africa - Brief Version”, “Transrespect versus Transphobia Worldwide” (TvT) project website: http://www.transrespect-transphobia.org/en/countries/south africa-1.htm
Date of information: February 2010
In this section, we have provided an overview with very brief summaries intended for use as a quick information resource. A version with more detailed and extensive information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
- General Country Information
- RECENT DEVELOPMENTS
- Legal Situation
- Social Situation
- Trans Murder Monitoring results
- Sources
- Acknowledgements
General Country Information
Name of State: Republic of South Africa
Area: 1,219,912 km2
Population: 47,939,000
Government: Constitutional Democracy
Capital: Pretoria (executive), Cape Town (legislative)
Official Language: Afrikaans, English, Southern Ndebele, Northern Sotho, Southern Sotho, Swazi, Tsonga, Tswana, Venda, Xhosa, Zulu
Memberships: South Africa is a member state of the African Union (AU) and the United Nations (UN).
Remarks: In 1931, South Africa became independent from the United Kingdom. Apartheid, which began in 1948 and was the subject of controversy and target of sanctions by the international community, came to an end in 1990, leading to the country’s first democratic elections in 1994.
Source: Cheers and Gordon (2008: 350-351)
Recent Developments
2008: In December 2008 the first ever African Strategy Workshop for transgender activists was organized by the NGOs International Gay and Lesbian Human Rights Commission (IGLHRC) and Gender DynamiX. Held in Cape Town, South Africa, the historic workshop brought together 15 activists from 9 East and Southern African countries - Burundi, Kenya, Uganda, Rwanda, Botswana, Namibia, South Africa, Zambia, and Zimbabwe - to address the very specific needs of transgender people on the African continent (IGLHRC 2008).
Date of information: February 2010
More information will be provided after the conclusion of the analysis of the TvT questionnaire results and other research data.
Legal Situation
Constitution:
| GENDER IDENTITY IN CONSTITUTION |
||
|---|---|---|
| Constitution: |
Inclusion of Gender Identity in the South African Constitution |
|
| Date: |
1996 |
|
| Remarks: |
Gender Identity subsumed under “Gender.” Other characteristics include "Sex" and "Sexual Orientation". |
|
| Source: | Transrespect versus Transphobia Worldwide research project | |
Gender Recognition Legislation:
| GENDER RECOGNITION LEGISLATION |
||
|---|---|---|
| Old Legislation: |
The Birth and Deaths Registration Act | |
| Date: | 1963 |
|
| New Legislation: |
The Alteration of Sex Description and Sex Status Act | |
| Date: | 2004 |
|
| Legal Name Change: |
Possible, at the National Department of Home Affairs |
|
| Requirements: |
? |
|
| Legal Gender Change: |
Possible, at the National Department of Home Affairs |
|
| Requirements: |
Officially, two independent medical reports are needed: one from a medical practitioner who assisted in a major sex or gender alteration at the stage of application (this can be an endocrinologist, a psychologist, a gynaecologist or whoever did primary work). According to The Alteration of Sex Description and Sex Status Act, genital surgery (SRS) is not needed. The second letter should be from an independent medical practitioner and should confirm the first letter (reports of further medical assistance are not needed in this second letter). |
|
| Remarks: |
According to the South African trans organisation “Gender DynamiX,” the process looks very different in practice: Most applicants who apply without genital surgery get “delayed” or not assisted. Paper work always ‘disappears’. In general, only when Gender DynamiX intervenes and starts talking about lawyers, does a candidate receive assistance. | |
| Source: |
Transrespect versus Transphobia Worldwide research project | |
Anti-Discrimination Legislation:
| ANTI-DISCRIMINATION LEGISLATION |
||
|---|---|---|
| Legislation: |
Equality Act: Promotion of Equality and Prevention of Unfair Discrimination Act | |
| Date: | 2000 |
|
| Remarks: |
Gender identity subsumed under “gender.” | |
| Source: |
Transrespect versus Transphobia Worldwide research project | |
Hate Crime Legislation:
| Hate Crime Legislation |
||
|---|---|---|
| Legislation: |
No Hate Crime Legislation |
|
| Initiative: |
No Initiative |
|
| Source: |
Transrespect versus Transphobia Worldwide research project |
|
Date of information: February 2010
More information will be provided after the conclusion of the analysis of the TvT questionnaire results and other research data.
Social Situation
Health Care
AVAILABLE FORMS OF GENDER REASSIGNEMENT THERAPY AND SURGERY
HAIR REMOVAL
HORMONE THERAPY
BREAST AUGMENTATION
BUTTOCK AND HIPS AUGMENTATION
CHEST RECONSTRUCTION
LIPOSUCTION
MASTECTOMY
HYSTERECTOMY
VAGINOPLASTY
PHALLOPLASTY
METOIDIOPLASTY
FUNDING AVAILABLE FOR
HORMONE THERAPY — (sometimes)
More information will be provided after the conclusion of the analysis of the TvT questionnaire results and other research data.
Trans Murder Monitoring results
The Trans Murder Monitoring project has found no reported homicides of trans persons in 2009.
| 1. Daisy Dube | Johannesburg | |
|---|---|---|
| |
||
| Name: | Daisy Dube | |
| Age: | Not reported | |
| Date of Death: | June 2nd 2008 | |
| Location of Death: | Johannesburg (South Africa) |
|
| Cause of Death: | Shot to death | |
| Remarks: | Daisy Dube proudly identified as Drag Queen and was shot to death in an execution style. A close friend, who was out the evening with Daisy confirmed the motivation for the killing was their gender identity and that they were not willing to subject themselves to ridicule. The shooting resulted after Daisy and her three friends challenged three homophobic men to refrain from calling them ‘isitabane’. Isitabane is an isiZulu term meaning hermaphrodite and is usually used in a derogatory way to refer to LGBT people in townships. | |
| Source: |
Transrespect versus Transphobia Worldwide research project: ACAS Bulletin 83, September 2009 |
|
For a general surview and more information see the section "Monitoring TMM”.
Sources
Law and Constitution texts:
Constitution of South Africa, online:
http://www.constitutionalcourt.org.za/site/theconstitution/english-09.pdf
The Alteration of Sex Description and Sex Status Act, online:
http://www.info.gov.za/view/DownloadFileAction?id=68026
Promotion of Equality and Prevention of Unfair Discrimination Act, online:
http://www.info.gov.za/view/DownloadFileAction?id=71215
Department of Home Affairs, online:
http://www.home-affairs.gov.za/personal_amendments.asp#sex
Other sources:
Cheers, Gordon and Olds, Margaret (2008) “Geographica – Weltatlas mit Länderlexikon,” Königswinter: Tandem Verlag.
IGLHRC (2008) "Africa: Transgender Activists Attend Historic Gathering", Press Release, December 19, 2008.
Gender DynamiX (2010a) „About Gender DynamiX“ (http://www.genderdynamix.co.za/content/view/18/108/, February 2010)
(2010b) „FAQ Transgenderism“ (http://www.genderdynamix.co.za/content/category/3/15/39/ , February 2010)
Klein, Thamar (2008): "Querying medical and legal discourses of queer sexes and genders in South Africa", in: Anthropology Matters Journal, 10 (2), 2008, pp. 1-17. (http://www.anthropologymatters.com/journal/2008-2/klein_2008_querying.pdf, February 2010)
(2009) “Intersex and transgender activism in South Africa”, in: Liminalis – Journal for Sex/Gender Emancipation and Resistance,N° 3, 2009, pp. 15-41 (http://www.liminalis.de/2009_03/Artikel_Essay/Liminalis-2009-Klein.pdf, February 2010).
Theron, Liesl (2009): “Trans-hate at the core of gender based violence?”, in: ACAS Bulletin 83: Sexual and gender based violence in Africa, September 2009
(http://concernedafricascholars.org/trans-hate-at-the-core-of-gender-based-violence/ , February 2010)
