Programme Director
Minister of Women, Children and People with Disabilities, Ms Lulu Xingwana
Deputy Minister for Human Settlements, Ms Zou Kota-Fredericks
Deputy Minister of DIRCO, Mr Marius Fransman
Deputy Divisional Commissioner, Maj. General Jephta
All SAPS Senior Officials
Ward Councillor for Ward 89, Councillor Nqulwana
Commissioner for Western Cape CGE, Dr Yvette Abrahams
All other key stakeholders present here
Youth, students
Ladies and gentlemen
On behalf of the Minister of Police, and as a Deputy Minister of Police, I would like to open my remarks by an unconditional apology to all those that have been brutalised, attacked, discriminated against and raped solely because they have a different sexual orientation.
Homophobia and hate crimes are unacceptable, and we are saying as ANC-led government, enough is enough. We will and cannot tolerate that, some section of our citizens continue to suffer in painful silence whist their own Constitution protect them to live the lifestyle they choose, lawfully.
As a member-state of the United Nations (UN), we, as a country have also conveyed this message to the United Nations by submitting a ground-breaking resolution to the UN asking this International body to undertake a study on discrimination and sexual orientation.
This was a stunning leadership show by South Africa as we seek to have a constructive, informed and transparent dialogue on the issue of discrimination and violence against individuals based on their sexual orientation.
We must not forget that this nation was built on dialogue and not through violence. We still believe as ANC-led Government in the power of dialogue. As young democracy, we cannot afford to seek imposing values.
But as a country we always seek to initiate dialogue that would contribute in ending discrimination and violence based on sexual orientation, as according to the values of our Constitution.
South Africa as a nation still needs to continue affirming the character of our society as one founded and based on tolerance and mutual respect. Therefore, the dialogue that we seek is the one that must affirm people with different sexual orientation as part of our communities.
Hate crimes on the basis of sexual orientation must be countered just like hate crimes on the basis of race and religion, because our progressive Constitution does just that, it counteracts any sort of human rights abuse.
Just like we bravely stood against the tyranny of apartheid, we must indeed together stand up to intolerance, discrimination and violence against diversity.
Therefore, we need to open dialogue with our communities, especially those communities that do not understand or do not want to know that the Bill of Rights in our Constitution include the protection from violence and discrimination on the basis of sexual orientation and gender identity.
We all know that still there are people who reject the Civil Union Act that allows people of the same sex to get married. They base this rejection on the notion that marriage is an institution created by God, a union between a man and woman only.
Some reject people with different sexual orientation on the basis that this kind of relationship is “un-African” and thus they believe that it derogates African traditions and customs.
But, we are here as South African Police Service (SAPS) to say, we have a duty to give true meaning to the fundamental principle our Constitution, which says: “All shall have equal rights before the Law”.
The Constitution is non-ambiguous on this issue, and sends a clear provision which allows all adults to choose relationships while enjoying equal protection by the law.
I want to congratulate Free Gender for the groundbreaking approach, and for not being afraid to heed the call made by government that community must start work together with government. You have indeed elevated this manifesto to a magnificent reality as you were not afraid to lay challenge at the Ministry of Police’s door.
All present here must acknowledge that SAPS cannot fight hate crimes alone. We need the community, as we know what power these communities possess when they are mobilised and organised against human rights abuse.
We are thus calling upon the Civil Society to work together, and with the Police. When government manifested for the working together we can do more, it meant as such: working together with all South Africans, irrespective of race, creed, disability, age and sexual orientation.
Non-governmental organisations (NGOs), community based organisations (CBOs) and non-profit organisations (NPOs) must start to also develop an honest solidarity with each other.
As Ministry of Police and ANC-led Government, we will continue working hard to tackle hate crime and ensure that all our members of community, regardless of sexual orientation, will have a confidence to report incidents at police stations without fear.
To achieve this, we will do the following:
1. We will strengthen our SAPS Victim Support Centre as a real way of a third-party reporting, which enables survivors of hate and rape crimes to report incidents in a more comfortable and convenient way. This means that victims do not have to attend a police station, which can be off-putting if someone is not comfortable discussing their sexuality with someone they don’t know.
2. We must make sure that we re-train our police officers to be able to investigate thoroughly these types of crime, and to ensure that the victims receive all the support they need.
3. We must feed to the UN Resolution as submitted by South Africa, which seeks to have factual based dialogue relating to discrimination against those who have different sexual orientation. We must do this by holding active dialogues with our grassroots communities on the constitutional provision that promote a better understanding and contribute to make a commitment to ensure respect for human rights, a reality.
4. We are continuing to strengthen the Independents Complaints Directorate to make sure that they are an independent and impartial oversight body over the behaviour of the police.
5. We must mainstream lesbian concerns in the broader policy framework of women’s rights and equity because the Constitution does not regard people with different sexual orientation as a special group (like children, people with disabilities.
6. The Justice, Crime Prevention and Security Cluster (JCPS) departments including the Department of Women, Children and People with Disabilities and Social Development, must collaborate to ensuring that the concerns raised in this gathering are addressed in a much coordinated and effective manner.
As we will now sign the pledge, we together with stakeholders present here, will be honouring our Constitution; heeding the call of the concerned people with different sexual orientation that South African must start to live up to its progressive Constitution which enshrines equality, tolerance and diversity so that all people can live side-by-side, united in their diverse expressions and sexual orientation.
I thank you all.
