Joint Media Statement by Mr John Jeffery, MP (Deputy Minister of Justice and Constitutional Development) and Ms Steve Mmapaseka Letsike (Director Access Chapter 2) as Co-Chairpersons of the National Task Team (NTT) on Sexual Orientation, Gender Identity, Expression And Sex Characteristics (SOGIESC) and Human Rights Matters
The National Task Team (NTT) on Sexual Orientation, Gender Identity, Expression And Sex Characteristics (SOGIESC) and Human Rights Matters met in Pretoria today to meet as the NTT and to also launch the revised National Intervention Strategy. The NTT is a partnership between civil society and various government departments.
The meeting was also attended by the Deputy Minister of Basic Education and the Deputy Minister of Higher Education, Science and Innovation.
Whilst South Africa has made enormous strides, particularly in eradicating formal inequalities and establishing flourishing democratic institutions, challenges still remain in changing peoples’ attitudes and personal prejudices as they relate to race, racial discrimination, issues of nationality, sexual orientation and other related intolerances. LGBTQI+ people are still discriminated against, may struggle to access government services and are mistreated and disowned by their own families. They are often singled out for physical attack – beaten, sexually assaulted, tortured and killed.
In 2011, the then Minister of Justice and Constitutional Development established the NTT whose key function was to develop a National Intervention Strategy for the LGBTIQ+ Sector (NIS) to serve as an intervention mechanism to respond, in particular, to the murder and sexual violence perpetrated against black lesbian women in the townships.
A national Rapid Response Team and nine provincial Rapid Response Teams were also established to monitor pending hate crime cases within the criminal justice system. The RRTs are led by the Department of Justice and Constitutional Development and consist of the National Prosecuting Authority, South African Police Service and nominated civil society organisations.
Since then the time has come to broaden the mandate and the focus of the NTT and to revise the NIS. Cabinet approved both these interventions in August this year.
The NTT was established to focus specifically on violence against LGBTI people, but there is clearly a pressing need to widen the scope of the work of the NTT to focus more broadly on all aspects relating to the human rights of LGBTIQ+ people and not only on incidents of violence against them.
This widening of the focus will ensure that the NTT’s work deals with all matters pertaining to sexual orientation, gender identity, gender expression and sex characteristics so as to ensure holistic interventions and to conform to international standards.
A strong emphasis was placed on aligning the revised NIS to the Gender Based Violence and Femicide National Strategic Plan (GBVF NSP).
A decision was also made by the NTT to enhance and elevate the NTT at the Deputy Minister level. Given the complexities related to SOGIESC matters which involve cross-cutting priorities across key Ministries, including South Africa’s position on these matters internationally, it was proposed that the relevant Deputy Ministers convene from time to time, to discuss these strategic matters and advise on necessary interventions, in this regard.
“This is a time to revitalise the NTT and to galvanise our efforts to address all the challenges facing LGBTIQ+ persons in our country. The reviewed mandate of the NTT now speaks to human rights in all its forms. The work of the NTT cannot be ad hoc – there must be accountability and reporting back. We must remember that the lives of people cannot be negotiated,” said Ms Letsike.
The NTT must also elevate the challenges faced by Transgender, and Intersex people, as well as gender non-conforming people.
The newly proposed focus of the NIS on SOGIESC matters more broadly will entail the following:
- The establishment of a Deputy Minister’s committee, led and chaired by the Department’s Deputy Minister, but comprising of other Deputy Ministers from Police, Correctional Services, Home Affairs, International Relations, Social Development, Basic Education, Higher Education and Health which will discuss and provide guidance on SOGIESC matters.
- Engagement with National Government on its holistic response to the sector as a whole.
- Ensuring cohesion with regard to Government’s involvement in SOGIESC matters across government departments.
- Ensuring cohesion with regard to Government’s participation in international structures on SOGIESC matters.
On the terminology, it should be noted that the acronyms SOGI and SOGIESC are inclusive. The acronym SOGIESC further includes gender expression, which is outward-facing in contrast with a person’s inwardly experienced gender identity. And to make the term even more inclusive it adds sex characteristics.
South Africa has been at the forefront of protecting SOGIESC rights and a leader on the African continent – but we have to adapt, adjust and revise our strategies in how we do this, and this is what the revised NIS seeks to achieve.
“When we are here as the NTT, we are one - yes, we come from different sectors, some from government and some from CSOs, some are government officials and others are activists – but we want to achieve the same goal. The goal is to build a society where people are free and equal, not just on paper, but in all aspects of daily life. Where people can be who they want to be, where people are safe and protected, free from violence and free from discrimination and prejudice. We need to aim for a society which is inclusive and where diversity is not merely accepted - but is celebrated,” said Deputy Minister Jeffery.
Feedback was also given to the NTT on progress with the Prevention and Combating of Hate Crimes and Hate Speech Bill which is presently before Parliament’s National Council of Provinces.
Feedback was also given to the NTT on progress made with hate crimes cases targeting LGBTIQ+ persons. From April 2022 to August 2023, eight (8) cases were successfully finalised with convictions. Of these, two were of rape, five of murder and one of common assault and malicious damage to property. Currently there are 29 cases on the list of which 11 - in other words, over one third of the cases – are at trial stage. The co-chairs also congratulated SAPS on their successful efforts in bringing perpetrators of hate crimes against LGBTIQ+ persons to book.
“The revised NIS and the broader mandate of the NTT has brought government and civil society closer together. It is our responsibility to implement what is in this document. One vision, one country, one people,” said Ms Letsike.
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