Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the launch of the Love not Hate Programme
His Excellency the Ambassador of Chile to South Africa, Mr Parker,
His Excellency the U.S. Ambassador to South Africa, Mr Gaspard,
Event Chairperson, Prof Reddy,
Representatives of the various civil society groups,
Ladies and gentlemen.
Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons
When one listens to the experiences of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) persons, one has a renewed realisation of the so-called implementation gap - the dissonance between laws, policies and programmes, on the one hand, and actual implementation, the daily “on-the-ground” reality, on the other.
From a legal point of view, we have achieved so much in the area of LGBTI rights. We have the equality clause in the Constitution. We have a progressive legislative framework – laws that were tabled and passed by the African National Congress (ANC)-led Government. We have legislated against discrimination on the grounds of sexual orientation in the workplace.
We introduced the Domestic Violence Act that classifies a same-sex relationship as a ‘domestic relationship’, in other words, thus qualifying to receive legal protection in terms of this Act. The Promotion of Equality and Prevention of Unfair Discrimination Act and the introduction of Equality Courts came about in an attempt to give effect to the spirit of the Constitution, in particular the promotion of equal enjoyment of all rights and freedoms by every person. We have legalised same-sex marriages and both joint and step adoption by same-sex couples.
But it seems that it is easier to change a law, than to change prejudice.
Many of you are, no doubt, familiar with the study by Professor Deevia Bhana called ‘Under Pressure: The Regulation of Sexualities in South African Secondary Schools.’ It is a study on homosexuality in schools.
Some learners held the belief that homosexuality is contagious. A common belief in rural schools was that gay people have lots of money and some learners proposed separate schools for gay learners.
Perhaps most concerning is, as Prof Bhana writes: “Not one learner was aware of a school policy or guideline that could assist and support a learner coming out or that speaks to tolerance and acceptance of sexual diversity.”
We are pleased to say that, in partnership with civil society, significant progress is being made in the promotion and protection of LGBTI rights.
When our National Task Team (NTT) on LGBTI Rights was re-established in May 2013, the Department of Justice and Constitutional Development, together with representatives from Chapter 9 institutions and civil society organisations, set out to achieve a number of formidable tasks.
These included, amongst others, to develop a National Intervention Strategy to respond to, and prevent, gender and sexual orientation-based violent crimes perpetrated against LGBTI persons and to develop an Inter-sectoral Implementation Plan which would link parallel and complementary initiatives.
We, as an NTT, undertook to strengthen government’s ability to respond to LGBTI needs and to strengthen the capacity of civil society to deliver related services. We also sought to improve the management of cases by relevant role-players in the criminal justice system.
Much progress has been made to meet these objectives. The National Intervention Strategy, aimed at preventing and responding to gender and sexual orientation-based violence, was finalised and launched and the Inter-sectoral Implementation Plan for the Strategy was also finalised.
Then there is the Rapid Response Team (RRT). The Rapid Response Team was established in 2013 with the purpose to urgently attend to pending and reported cases on hate crimes perpetrated against LGBTI persons. A list of cases was received from civil society organisations.
The Rapid Response Team comprises the Department of Justice and Constitutional Development, National Prosecuting Authority, South African Police Service and nominated representatives from civil society organisations. Department of Health, who has recently joined the NTT, will be co-opted into the RRT.
The Team meets quarterly to discuss, amongst others, updates regarding pending cases as received from SAPS and the NPA. The total number of cases on the list in 2014/2015 was 45.
Out of the 45 cases:
- 8 cases resulted in sentences of imprisonment of 30 years, 22 years, 10 years, 6 years, 15 years, 19 years, 20 years and 15 years respectively,
- Of the two accused persons facing murder and robbery charges: one was sentenced to 20 years for murder and the other one sentenced to life imprisonment for murder plus 13 years for robbery,
- 11 cases withdrawn for various reasons including, amongst others, reluctant witnesses and tracing of perpetrators and victims,
- In only 2 cases were there acquittals.
A further step that we are taking is that we are currently updating the list as per feedback received from South African Police Service (SAPS). SAPS is currently recalling and reviewing the “withdrawn” and “undetected” cases to ascertain whether the proper steps were taken before cases were deemed to be “withdrawn” and “undetected.”
Also, as you know, there is the issue of the regional seminar on the issue of gay rights in Africa. We are currently working with a range of organisations including government Departments, civil society partners and our national human rights institutions in convening the Africa Regional seminar. In fact, we met with the South African Human Rights Commission on this specific issue very recently.
The regional seminar is a priority for us. I can assure you that Government’s commitment to LGBTI rights in the region and on the continent is unwavering.
The launch of the Love not Hate Programme today is particularly encouraging for us as Government, as the programme will strengthen civil society and civil society’s participation in the National Task Team.
More specifically, the programme will:
- Create more staff capacity at LGBTI Non governmental organisation's (NGO) to participate in the Task Team as well as the Rapid Response Team;
- Serve as an accessible and competent point of reporting for LGBTI victims;
- Through LGBTI community links and networks, they are able to gather facts around hate crimes and liaise with relevant role-players to ensure progress;
- Draw more attention to hate crimes against LGBTI people among the general public;
- Provide education to LGBTI people on hate crimes and what to do when they experience hate crimes, and
- Educate the LGBTI public about the Equality Courts and how to use these courts.
This programme will, no doubt, play a vital role in strengthening Government’s ability to respond to LGBTI needs. I think the title of the Programme, “Love not Hate”, is particularly appropriate when one considers the remark made by late President Nelson Mandela when he said –
“No one is born hating another person because of the colour of his skin, or his background, or his religion. People learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.”
I wish the Programme and the various civil society role-players all the best in your endeavours. You can be assured of our continued support.
Thank you!
