South Africa has gained the reputation as a queer haven on the continent. In contrast to many other African nations where same-sex love is criminalized, queer rights are legally protected in South Africa by the nation’s Constitution. These legal protections, combined with growing queer visibility, have prompted many people from less tolerant African countries to relocate to South Africa in hopes of enjoying a safer and sexually freer life. These same people, however, often find South Africa less idyllic than its reputation suggests, due to rising xenophobia and ongoing prejudice against queer people. Although circumstances in the country are often still far better than the environments from which queer foreign nationals fled, they continue to severely complicate the narrative of South Africa as a queer haven.

Today, much of the African continent can be described as overtly hostile to queer people. There are currently 28 countries (out of 54) that still declare same-sex relationships illegal. In Nigeria, for example, President Goodluck Jonathan signed the Same-Sex Marriage Prohibition Act in 2014, which imposes a 14-year prison sentence for same-sex marriages. That same year in Uganda, President Yoweri Museveni signed The Anti-Homosexuality Act, which hiked the penalty for same-sex relations from seven years to life, and extended punishments to people found guilty of "promoting" homosexuality.

South Africa, in contrast, offers legal safeguards against official discrimination. During Apartheid, homosexuality had been criminalized, but in 1996 the Bill of Rights made sexual orientation a protected class. Ten years later, a constitutional amendment made South Africa the first nation on the continent to lift its ban on same-sex unions. These moves are now seen as a source of pride for many in the country, and serve as an effective draw among queer Africans from less tolerant nations.

But is life for queer foreign nationals actually better in South Africa?

In some respects, the answer to this question is arguably yes. In South Africa, individuals enjoy constitutionally guaranteed legal protections against discrimination based on sexual orientation in employment and government services, which is a significant improvement over circumstances in Mauritania, for instance, where men found guilty of “indecent acts” can be sentenced to death by stoning. Same-sex couples in South Africa also have equal access to marriage and adoption, which stands in sharp legal contrast to countries like Chad, Cameroon, Somalia, and Ethiopia, where homosexuality is still illegal. The visibility of queer communities in South Africa (most notably in Cape Town) through venues such as nightclubs, pride events, and film festivals is another improvement over the circumstances for queer people living in places like Uganda, Tanzania, and Egypt, where police raids continue to force many to live in both fear and hiding.

Dark blue represents liberal attitudes towards homosexuality, whereas dark red indicates countries where the death penalty is enforced / The South African

Despite these notable distinctions, queer life in South Africa also has many challenges. Even though the constitution provides protection for sexual orientation, social attitudes toward queer people are still far from ideal. For example, a 2015 survey conducted on South African attitudes toward queer sexualities showed that even though 51% of respondents believed queer people were entitled to the same rights as all other South Africans, more than 70% also believed that intercourse between two people of the same sex was morally wrong. Perhaps these negative sentiments are part of the reason why violence against queer people in the country is ongoing, ranging from assault and battery to corrective rape and even murder. South African political leaders have made bigoted public remarks, including former President Jacob Zuma and opposition leader Mmusi Maimane of the Democratic Alliance. Together, these circumstances serve to create a hostile living environment for queer people in the country, which has prompted many to keep their sexuality secret.

On top of homophobia, rising xenophobia in South Africa presents a challenge to queer Africans from other countries. In the last several years, there have been numerous attacks on foreign nationals who have sought refuge in South Africa. In 2008, for example, locals killed over 60 immigrants and displaced thousands more in a number of attacks that took place all across the country. Since then, although often less publicized, this kind of violence continues to occur. In 2015, King Zwelithini (a traditional Zulu king from South Africa’s Kwa Zulu Natal province) stated that all foreign nationals should leave the country, which sparked intense xenophobic attacks throughout the province. More recently, locals have also attacked foreign-owned shops in the Johannesburg central business district, which has prompted many to go back to their home countries rather than stay in South Africa.

The combined effect has made life for many queer immigrants in South Africa extremely challenging. While on the one hand the promise of equal rights and legal protections continues to attract many queer African foreign nationals, those who attempt to exercise their rights or attain protection may find the promise unfulfilled. In 2018, for instance, a Congolese man was reportedly denied the right to formally report an assault he experienced because of his sexuality, and was instead told by the police officers to stop “tarnishing” South Africa’s name. Although the man was not beaten again or arrested by the police as he might have been in other African countries, neither was he provided protection against such discrimination that is promised by law.

So, how should South Africa be characterized?

I believe the answer to this question is that South Africa both is and is not a haven. While it may be an improvement of sorts for queer people in some regards, the country is also deeply flawed. To address these problems and work to close the gap between official rhetoric and public opinion, we must first acknowledge that words alone are not enough. Instead, we should build on the already-present belief that all people are entitled to equal human rights in order to inspire broader acceptance of sexual freedom and liberty for everyone in South African society. To do this we must acknowledge both the successes and the shortcomings of the nation’s policy on queer rights and liberties thus far, so that we can most effectively move forward to create the kind of society we want to live in.

Published Jan 1, 2020
Updated Jul 3, 2023