LGBT rights in South Africa
South Africa is once more experiencing periodic power cuts. These typically take the form of scheduled supply interruptions, for two to four hours a day, whenever the country's electricity system. AllAfrica is a voice of, by and about Africa - aggregating, producing and distributing news and information items daily from over African news organizations and our own reporters to an.
South Africa is once more experiencing periodic power cuts. These typically take the form of scheduled supply interruptions, for two to four hours a day, whenever the country's electricity system is overloaded. Such overloading currently happens on days a year. Eskom, the country's power utility, recently admitted that such interruptions are likely to persist for as long as the next five hiw.
This is because of the increased down-time of the rapidly ageing fleet of coal plants. But it is also due to delays in setting up new power sough. The decreasing performance of the existing Eskom plants is evident in the steady decline of the energy availability factor. This is a measure of hw percentage of total electricity generated compared to what would be achieved when every plant was functioning.
In his State of the Nation Address President Cyril Ramaphosa offered an action plan to develop additional power generation capacity in the short to medium term. While these interventions are indeed critical, they don't go far enough to reach power zfrica. The government has since announced eight successful bidders for gas, wind and solar projects under the 2, megawatt Risk Mitigation Independent Power Producer Procurement Programme. In theory, bidders are required to be able to generate electricity by August But given that solar and wind farms typically take two years to become operationalthe stipulated roll-out time is too short.
Most of these projects will only be supplying the grid in The Renewable Energy Independent Power Producer Procurement Programme is a mechanism initiated 10 years ago under which private developers competitively bid for the rights to construct new electricity generating plants and then sell the electricity to Eskom at predetermined rates.
The programme successfully established South Africa's renewable energy sector through three bid windows. But it stalled after when these new technologies began to threaten the interests of politically well connected interest groups in the coal and nuclear sectors. Projects for a fourth bid window finally received clearance in following the departure of former president Jacob Zuma, but enthusiasm for renewables has waned again under the current Minister of Mineral Resources, Gwede Mantashe.
The long awaited fifth round has just been announced after inexplicable delays. Prospective solar and wind farm developers have until August to submit bids for projects generating in total 1, MW of wind and 1, MW of solar capacity. The successful bidders may be announced before the end of the year, but will need to demonstrate financial closure before starting to construct facilities.
Renewable builds typically take about two years to complete. This means the round 5 projects are aet to come into operation only in That is two years later than set out by the national electricity plan. The 2, MW added to xouth system in round 5 are with intermittent technologies. They only function when the sun is shining or the wind is blowing. They will therefore only be adding, on average, slightly under 1, MW.
That's too little to overcome the existing power deficit. The last instalment of the South African Integrated Resource Plan for Electricity envisaged between 1, MW and 2, MW of renewable capacity added to the grid almost every year from to With the farica delay, the process to effect upcoming annual additions must be accelerated.
But an early catch-up is unlikely, because the minister only committed to one further renewables round, of afrida same scale, " within the next 12 months ". It's therefore expected that future rounds will only happen annually, with soutj more that 2, MW being rolled out each time. Renewables won't make a decisive impact to alleviate the country's power shortage for at least five years.
In addition to the emergency and new renewable rounds, Minister Mantashe has also announced that procurement for 1, MW of new coal plants and 3, MW of gas plants will begin soon.
In view of their role in global warming, sentiment against new coal plants is now so strong that investment in such projects is extremely unlikely.
It's not expected that sufficient alternative power sources will be operational until about Power cuts look set to stay for the coming years. On the positive side, this is likely to act as a catalyst for growth in small to medium scale solar installations. These may take the form of domestic rooftop installations or even mini power plants on the roofs of shopping malls or adjacent to mines and industrial plants.
Municipalities will also soon ho able how to look good at the gym set up their local power generation facilities. So some may escape the power sputh earlier - but investment in such solutions is only for those who can afford it.
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South Africa: Why South Africa's Electricity Blackouts Are Set to Continue for the Next Five Years
The history of education in Africa can be roughly divided into pre- and post- colonial periods. Since the introduction of formal education to Africa by European colonists, African education, particularly in West and Central Africa, is characterised by both traditional African teachings and European-style schooling zi255.com state of education reflects not only the effects of colonialism, but. New Amazon Africa headquarters to be built in Cape Town US retail giant Amazon will be the anchor tenant of a R4bn River Club development that has gotten the go-ahead from the City of Cape Town. Lesbian, gay, bisexual and transgender (LGBT) people in South Africa enjoy the same rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between ,–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African.
The legal and social status of between ,—over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African mores, colonialism , and the lingering effects of apartheid and the human rights movement that contributed to its abolition. South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation , and South Africa was the fifth country in the world to legalise same-sex marriage.
South Africa is to date the only country in Africa to have legalised same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. LGBT people enjoy constitutional and statutory protections from discrimination in employment, the provision of goods and services and many other areas. Homosexuality and same-sex relations have been documented among various modern-day South African groups.
In the 18th century, the Khoikhoi people recognised the terms koetsire , which refers to a man who is sexually receptive to another man, and soregus , which refers to same-sex masturbation usually among friends. Anal intercourse and sexual relations between women also occurred, though more rarely. The Bantu peoples , most notably the Zulu ,  Basotho ,  Mpondo and Tsonga people , had a tradition of young men inkotshane in Zulu ,  boukonchana in Sesotho ,  tinkonkana in Mpondo, and nkhonsthana in Tsonga , also known as "boy-wives" in English who typically dressed as women even wearing fake breasts , performed chores associated with women, such as cooking and fetching water and firewood, and had intercrural sex with their older husbands numa in Zulu and Sesotho, and nima in Mpondo and Tsonga.
Upon reaching manhood, the relationship would be dissolved, and the boy-wife could take an inkotshane of his own if he so desired. Other Bantu peoples, including the Tswana people ,  and the Ndebele people , had traditions of acceptance or indifference towards same-sex sexual acts.
Effeminate men in Ndebele society would often become healers and spiritual leaders. There was widespread liberty to engage in sexual activity with both men and women. In IsiNgqumo , the term skesana refers to effeminate gay men or transgender people typically people born male but who act, dress and behave as female who have sexual relations with men, and injonga refers to masculine gay men. Sexual intercourse between men was historically prohibited in South Africa as the common law crime of " sodomy " and "unnatural sexual offence", inherited from the Roman-Dutch law.
In , male same-sex conduct was legalised, female same-sex conduct never having been illegal as with other former British colonies. At the time of legalisation, the age of consent was set at 19 for all same-sex sexual conduct, regardless of gender.
In May , South Africa became the first jurisdiction in the world to provide constitutional protection to LGBT people, via section 9 3 of the South African Constitution , which disallows discrimination on race, gender, sexual orientation and other grounds. Since 16 December , all discriminatory provisions have been formally repealed. This included introducing an equalised age of consent at 16 regardless of sexual orientation, and all sexual offences defined in gender-neutral terms. Under South Africa's ruling National Party from to , homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political activists.
Despite state opposition, several South African gay rights organisations formed in the late s. However, until the late s gay organisations were often divided along racial lines and the larger political question of apartheid. The Gay Association of South Africa GASA , based in the Hillbrow district in central Johannesburg , was a predominantly white organisation that initially avoided taking an official position on apartheid, while the Rand Gay Organisation was multi-racial and founded in opposition to apartheid.
He was outspoken about his sexuality, however, and appeared before Parliament in the late s to protest the tightening of sodomy laws. The campaign brought to a head the tensions between LGBT activists who overtly opposed apartheid and those that did not.
De Beer was the National Party's first candidate to address gay rights, and advertised for his campaign in Exit. From the s to the late s, the South African Defence Force forced white gay and lesbian soldiers to undergo various medical "cures" for their sexual orientation, including sex reassignment surgery.
In , the African National Congress , in the Bill of Rights , [a] endorsed the legal recognition of same-sex marriages,  and the interim Constitution prohibited discrimination on the basis of sexual orientation. Two years later, the Constitutional Court of South Africa ruled in a landmark case that the law prohibiting homosexual conduct between consenting adults in private violated the Constitution. In , during his inauguration speech as president, Nelson Mandela stated the following: .
In s the African National Congress was still setting the pace, being the first major political formation in South Africa to commit itself firmly to a Bill of Rights, which we published in November These milestones give concrete expression to what South Africa can become. They speak of a constitutional, democratic, political order in which, regardless of colour, gender, religion, political opinion or sexual orientation, the law will provide for the equal protection of all citizens.
The gay pride flag of South Africa , designed by Eugene Brockman,   is a hybrid of the LGBT rainbow flag and the South African national flag launched in after the end of the apartheid era. In , Parliament passed the Employment Equity Act. The law protects South Africans from labour discrimination on the basis of sexual orientation, among other categories.
In December , the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender from marrying when it was permitted to people of the opposite gender, and gave the South African Parliament one year to pass legislation which would allow same-sex unions.
In November , the National Assembly voted —41 for a bill allowing same-sex civil marriage, as well as civil partnerships for unmarried opposite-sex and same-sex couples. However, civil servants and clergy can refuse to solemnise same-sex unions.
Former South African President Jacob Zuma was among its most outspoken opponents, claiming in that "when I was growing up, an ungqingili Zulu term describing a homosexual would not have stood in front of me. I would knock him out. They suffer discrimination, violence and abuse. We must as a nation do better than what we are now. We are all born the way we are. We need to support, embrace and respect each other.
When we treat each other with dignity, we are all more dignified. When we treat each other with respect, we are all more respected. It is upon us all to contribute to the creation of a more just, equal and safe society.
Every South African must hold themselves, our communities, our institutions and our government accountable for upholding our laws and for protecting the rights of all in South Africa. In , Cyril Ramaphosa included lesbian and gay people in his presidential inauguration speech, saying: .
Let us build a society that protects and values those who are vulnerable and who for too long have been rendered marginal. A society where disability is no impediment, where there is tolerance, and where no person is judged on their sexual orientation, where no person suffers prejudice because of the colour of their skin, the language of their birth or their country of origin.
On 4 August , in the case of S v Kampher , the Cape Provincial Division of the High Court ruled that the common-law crime of sodomy was incompatible with the constitutional rights to equality and privacy, and that it had ceased to exist as an offence when the Interim Constitution came into force on 27 April Strictly speaking, this judgment only applied to the crime of sodomy and not to the other laws criminalising sex between men, and it was also only binding precedent within the area of jurisdiction of the Cape court.
Despite the decriminalisation of sex between men, the age of consent set by the Sexual Offences Act was 19 for homosexual acts but only 16 for heterosexual acts. This was rectified in by the Criminal Law Sexual Offences and Related Matters Amendment Act , which codified the law on sex offences in gender and orientation neutral terms and set 16 as the uniform age of consent. On 1 December , in the case of Minister of Home Affairs v Fourie , the Constitutional Court ruled that it was unconstitutional for the state to deny same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation.
Indeed, the act allows both same-sex and opposite-sex couples to contract unions, and allows a couple to choose to call their union either a marriage or a civil partnership. Whichever name is chosen, the legal consequences are the same as those under the Marriage Act which allows only for opposite-sex marriages. Prior to the introduction of same-sex marriage, court decisions and statutes had recognised permanent same-sex partnerships for various specific purposes, but there was no system of domestic partnership registration.
The rights recognised or extended by the courts include the duty of support between partners, immigration benefits, employment and pension benefits, joint adoption, parental rights to children conceived through artificial insemination, a claim for loss of support when a partner is negligently killed, and intestate inheritance.
Rights extended by statute include protections against domestic violence and the right to family responsibility leave. A number of High Court judgments have determined that the sexual orientation of a parent is not a relevant issue in decisions on child custody. In , artificial insemination , which was previously limited to married women, was made legal for single women including lesbians. It also enables the adoptive parents of a child of under two years old to take an adoption leave of two months and two weeks consecutively.
The same provision is made for commissioning parents in a surrogate motherhood agreement. The protection of LGBT rights in South Africa is based on section 9 of the Constitution , which forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties.
The Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution. The parliamentary caucus of the ruling African National Congress rejected the proposal. The Constitution prohibits all unfair discrimination on the basis of sex, gender or sexual orientation, whether committed by the government or by a private party.
The Employment Equity Act, and the Rental Housing Act, specifically forbid discrimination in employment and housing, respectively. South Africa does not have any statutory law requiring increased penalties for hate crimes , but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.
The Prevention and Combating of Hate Crimes and Hate Speech Bill , which is pending within the South African Parliament, would outlaw hate crimes and hate speech on grounds of race, gender identity and sexual orientation, among others. Public consultation on the bill was held between October and December The Cabinet approved the bill in March It must now pass both chambers of Parliament before becoming law. In his budget speech, Minister for Justice and Correctional Services Ronald Lamola committed that his Department will revive the bill and introduce it into Parliament sometime in Human rights activists argue that, while it is already illegal to assault, murder and rape, the consequences for crimes motivated by hate need to be more severe than ordinary crimes.
This is because, they say, hate crimes are "message crimes" that harm entire communities. According to the Hate Crimes Working Group, over a third of all crimes are motivated by prejudice, with most of these committed based on the victim's race, nationality or sexual orientation. Others have likened it to the Suppression of Communism Act, The NTT has established a rapid response team to attend to unsolved criminal cases as a matter of urgency and produced an information pamphlet with frequently asked questions about LGBTI persons.
Radebe stated that the Department of Justice acknowledged the need for a specific legal framework for hate crimes and that the matter would be subjected to public debate. South Africa does not possess a specific anti-bullying law. However, the Protection from Harassment Act 17 of brings widespread relief for all victims of harassment, including children. The Child Justice Act 75 of aims to rehabilitate and to reconcile children under the age of Depending on age, a bully can be held criminally liable for a myriad of criminal acts, including assault, intimidation, murder, culpable homicide, crimen injuria , theft, malicious injury to property and arson, depending on the facts of each case.
This was the highest among the 38 countries surveyed. In , the government adopted the White Paper on National Defence , which included the statement that, "In accordance with the Constitution, the SANDF shall not discriminate against any of its members on the grounds of sexual orientation.
In , the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership". 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 requires the person to have undergone medical or surgical treatment, such as hormone replacement therapy sex reassignment surgery is not required. A number of Labour Court rulings have found against employers that mistreated employees who underwent gender transition.
Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicidal ideation.
The South African Society of Psychiatrists states that "there is no scientific evidence that reparative or conversion therapy is effective in changing a person's sexual orientation. There is, however, evidence that this type of therapy can be destructive". Despite this, conversion therapy is believed to be performed in the country.