It has taken more than a century of struggle to get South Africa to the point where it has the most progressive legislation on LGBTIQ+ rights in Africa, if not the world. But challenges still continue, including ongoing discrimination, harassment, and violence against LGBTIQ+ individuals.
This international pride month I explore the history of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) organising in South Africa.
I begin this exploration in 1907, with the Taberer Report. British officials Henry Taberer and Glenn Leary were tasked with the responsibility to lead an investigation into rumours of “immorality” between black male mineworkers, in particular what they called “mine marriages”.
This controversial report was to be the tipping point in the regulation of same-sex desiring in South Africa. Although its recommendations were not accepted by the then government, it still paved the way to demonise and pathologise same-sex desiring and love.
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The apartheid government has historically been obsessed with regulating sexuality and race. In 1927 the government passed the Immorality Act to criminalise sexual relations between people of different races. The act was amended a few times over the period of 60 years, until its repeal in 1991.
By 1949, a year after coming into power, the National Party had signed the Prohibition of Mixed Marriages Act. The act was amended by 1957 to include “unlawful carnal sexual intercourse” and other acts, another earlier show of sexual control by the government.
The act would only include same-sex desiring between men in 1988. This 1988 amendment to the Immorality Act made homosexual acts between men illegal, subjecting many to arrest, prosecution, and imprisonment. The amendment had largely been influenced by the earlier events of the Forest Town “gay party” raid.
In January of 1966, a private party of white gay men was raided by the police in Forest Town (now the area of Milpark in Johannesburg). Despite not having legal grounds to arrest all the men under the anti-sodomy law due to the private nature of the party, some men were caught in the act of sex itself, some men were detained for “masquerading as women” and another for “indecent assault” on a minor.
The National Party continued its clampdown down and by early 1960 black political movements including the ANC were banned, leading many of their leaders into exile. This move was to make way for a more militarised police force.
Trial by violence
This for me, established the foundation for which violence would come to be inherently used to regulate “sexual deviation” and promote the gender binary. As Barry Adam (1998) puts it, “Homophobia is a modality through which heterosexism and heteronormativity are forcefully achieved and sustained”. Current data demonstrate persisting violence and discrimination in the hands of homophobia.
According to Gail Mason, “Violence has the capacity to shape the ways that we see, and thereby come to know these things. In other words, violence is more than a practice that acts upon the bodies of individual subjects to inflict harm and injury. It is metaphorically speaking, also a way of looking at these subjects”. Melanie Judge adds that “queer subjects are violently positioned within normative race, sexual, gender and others”.
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It is this level of violence that would lead to the entrenchment of homophobia in South African society, instilling a culture that promoted an anti-queer agenda and marginalising queer people. Despite this clampdown on sexuality, queer people remained resistant and continued to build solidarity, with gatherings held in private homes, while underground clubs became safe havens where people could express their identities without fear of arrest or persecution.
Activism and prejudice
The turning point for the gay rights movement came to realisation in the 1970s when the first visible signs of organised activism began to emerge. The Gay Association of South Africa (Gasa), founded in the 1970s became the first national organisation dedicated to advocating for the rights of queer people. Gasa’s aim was to promote the interests of gay men, primarily focusing on social activities and providing a support network among white queer men.
In the 1987 general elections Gasa and the gay magazine, Exit endorsed the National Party, thereby demonstrating partisanship and political participation by the movement.
Its formation was characterised by controversy. The organisation represented white, middle-class gay men and it was criticised for its reluctance to engage the entire LGBTIQ spectrum, in particular black gay men. The Organisation of Lesbian and Gay Activists (Olga) emerged in 1976, focusing on political activism and advocacy. Olga played a crucial role in mobilising the LGBTIQ community against the apartheid regime.
During this time, South Africa was also undergoing major political changes. Many anti-apartheid activists were anticipating freedom and envisioned a free and democratic constitution. While divided on the inclusion of the equality clause, many black leaders like Ruth Mompati lacked tolerance for LGBTIQ issues during this time.
In a controversial interview with British activist Peter Tatchell in 1987, Mompati, a senior African National Congress (ANC) member, expressed dismissive views on homosexuality, reflecting the broader hesitance within the ANC to address LGBTIQ issues during the anti-apartheid Struggle.
This interview highlighted the complex and often contentious relationship between the ANC and the LGBTIQ community in the build-up to democracy. This position was later corrected by Thabo Mbeki who was at ANC headquarters in Lusaka. In a 1987 letter to Tatchell he said “the ANC is firmly committed to removing all forms of discrimination and oppression in a liberated South Africa.”
At this point, LGBTIQ activists recognised the intersecting nature of politics, race, homophobia and sexism and started joining the anti-apartheid movement while building their own movement. The Gay and Lesbian Organisation of the Witwatersrand (Glow) was formed in 1978 by Simon Nkoli, primarily comprising black LGBTIQ individuals, this was an obvious response to Gasa’s exclusive nature and bias to the plight of white gay men.
Movement momentum
By the 1980s the LGBTIQ movement gained momentum, with increased activism and visibility. Glow became one of the first organisations to specifically address the needs of black LGBTIQ individuals. Nkoli understood the intersection of racial and sexual oppression and sought to create a space where black gay men and lesbians could find support and solidarity.
Glow played a crucial role in advocating for the inclusion of LGBTIQ rights in the broader anti-apartheid Struggle and worked to bridge the gap between racial and sexual justice movements in South Africa during apartheid.
In 1981 Glow led a notable campaign termed “The Purple Triangle Campaign”. This was a protest against the use of the pink triangle symbol, associated with Nazi persecution of gay men. LGBTIQ+ activists including Simon Nkoli, Bev Ditsie, Ivan Toms and Peter Tatchell aimed to reclaim the symbol, raise awareness about the Holocaust, and challenge growing homophobia in the face of apartheid South Africa.
The campaign sparked national debate, galvanised the community, and inspired further activism, adopting the purple triangle as a positive symbol of identity and resistance.
Black LGBTIQ and feminist movements joined forces and by 1983 the Black Lesbian and Gay Conference was held by the Black Gay Organisation in Johannesburg. This was a ground-breaking gathering of black lesbian and gay individuals who came together to discuss their experiences, challenges, and struggles under apartheid.
The 1985 Gay and Lesbian Rights Campaign was an important effort in South Africa — the LGBTIQ community used the opportunity to challenge the country's discriminatory laws and social norms against LGBTIQ individuals. The movement was organised under the National Coalition for Gay and Lesbian Equality (NCGLE).
Among others, the campaign focused on the following priorities: the repeal of the Immorality Act (1957) and the Sexual Offences Act (1957), which criminalised homosexuality; an end to police harassment and entrapment of LGBTIQ individuals; protection from discrimination in employment, housing, and public accommodations; and the recognition of same-sex relationships and families.
On the cusp of freedom
On 13 October 1990 Glow held Africa’s first gay pride march in Johannesburg, making the pride 34 years old this year. The march, attended by over 800 people, became a defining moment for LGBTIQ organising, making way for South Africa’s democratic era.
The ANC, which had been banned since the 1960s, was a central figure in the fight against apartheid. In 1990, the unbanning of the ANC marked a pivotal moment in South Africa’s history, indicating the beginning of the end of apartheid. This political shift also created an environment where previously suppressed movements, including black queer activism, could gain more visibility and momentum.
The period between 1990 and 1994 was characterised by intensive lobbying by the NCGLE for the inclusion and recognition of sexual orientation in the new Constitution. These efforts included the submission to the Constitutional Assembly and the 1995 public hearings. This followed a meeting by ANC president, Nelson Mandela with the NCGLE delegation led by Simon Nkoli.
By late 1995 the NCGLE had garnered enough support, and the Constitutional Assembly voted for the inclusion of sexual orientation in the Constitution. In 1996 the new Constitution was adopted prohibiting discrimination on the basis of sexual orientation.
After 1996, significant advancements and challenges occurred in the LGBTIQ community in South Africa. Legal victories included the granting of inheritance rights to same-sex couples in 1998; the Constitutional Court's ruling in favour of same-sex marriage in 2002; and the legalisation of same-sex marriage through the Civil Union Act in 2006.
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Social progress was also evident, with increased visibility and acceptance in media and society, as well as the growth of LGBTIQ organisations and events, such as pride events — Johannesburg Pride, Cape Town Pride and a myriad of other township prides among others.
Despite this progress, challenges still continue, including ongoing discrimination, harassment, and violence against LGBTIQ individuals. Limited access to healthcare, particularly for transgender individuals, and high rates of HIV/AIDS among LGBTIQ individuals remain among the pressing issues.
Activism continues to grow, with organisations like the Triangle Project, The Other Foundation, Gender Dynamix, Iranti, Access Chapter 2, Gay and Lesbian Memory in Action (Gala), and others advocating for LGBTIQ rights and addressing specific issues, such as transgender rights and LGBTIQ youth empowerment.
Politically, South Africa has made significant strides, becoming the first African country to introduce a comprehensive National LGBTIQ HIV and Aids Strategy in 2013. In 2019, the government launched the National Task Team to address LGBTIQ+ hate crimes.
While progress has been made, LGBTIQ+ individuals in South Africa still face significant challenges, and ongoing activism and advocacy are necessary to address these issues and ensure full equality and inclusion. DM