Speeches

Keynote Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at a Pride Month Webinar hosted by the Department of Justice and Constitutional Development, Friday, 12 June 2026

Programme Director,
The Co-chairperson of the National Task Team on SOGIESC Matters, Sibonelo Ncanana-Trower,
The Deputy Director-General of the Constitutional Development Branch, Adv Said,
Esteemed panellists,
Members of civil society and faith-based organisations,
Colleagues and participants on the platform,

Good morning and a very warm welcome. It is an honour to be here with you at this Pride Month webinar, under the theme: “Commemorating 30 years of constitutional democracy: Reflecting on judicial wins for LGBTI+ persons, regional developments and navigating new frontiers.”

We gather in Pride Month, in Youth Month and in a year in which we celebrate the 30th Anniversary of the adoption of our Constitution in 1996.

We are doing so under the theme: “One Constitution, One Nation: Reflect. Renew. Recommit.”

Therefore, I respectfully request that we all rise, whether in body or in spirit, and recite the Preamble to the Constitution of the Republic of South Africa:

“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to –
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”

The Preamble is a powerful reminder of where we come from, who we are, and the values that inform what we seek to become as a nation.

We gather not only to celebrate three decades of democracy, but to confront with courage and clarity, the unfinished work of realising equality, dignity and freedom for all - regardless of sexual orientation, gender identity, gender expression or sex characteristics.

Pride Month and Youth Month

Pride Month is rooted in resistance - in communities who refused to be silenced in the face of criminalisation, stigma and violence. That legacy resonates deeply in South Africa, where democracy itself was born from struggle against oppression.
June is also Youth Month as we commemorate 16 June 1976.
The youth of 1976 challenged an unjust system.

Today’s LGBTQIA+ youth challenge us to make real the constitutional promise that “everyone is equal before the law and has the right to equal protection and benefit of the law.”

Pride Month is globally celebrated every year in June. The month of June was chosen as Pride Month to commemorate the riots held by members of the LGBTI community against a police raid that took place at the Stonewall Inn in New York City on 28 June 1969.

The Stonewall uprising began shortly after midnight when officers of the “Public Morals Squad” raided the Stonewall Inn, a gay bar in New York. This led to violent confrontations between the police and gay rights activists.

The Stonewall riots were a tipping point for the LGBTI movement in the United States and it paved the way for the fight for LGBTI rights globally.
Pride Month events draw millions of participants from around the world each year.

Typically, there are month-long celebrations and parades, as well as memorials held for members of the LGBTIQA+ community who have lost their lives to hate crimes and violence.

Traditionally in South Africa, we also celebrate Pride in October - as the first South African Pride parade was held in Johannesburg on 13 October 1990.
It is ironic and deeply concerning that, whilst Pride Month celebrations are underway LGBTQIA persons still continue to face challenges in accessing their basic rights, with many experiencing threats to their lives and dignity.

Last year ILGA World has released new data and maps highlighting how laws affect LGBTI people globally –

• 64 UN member States criminalise consensual same-sex sexual acts.
• The death penalty is the legally prescribed penalty for consensual same-sex sexual acts in 7 UN member States. In 5 more there is no full legal certainty.
• At least 61 UN member States have laws, rules, and regulations that limit freedom of expression related to sexual and gender diversity issues.
• At least 61 UN member States present legal barriers to freedom of association when registering and operating organisations openly advocating the rights of LGBTI people.

But there has been progress as well –

• 17 UN member States have nationwide bans on “conversion therapies”. In addition, 7 have indirect regulations, and 6 have subnational bans.
• Marriage equality is a reality in 37 UN member States.
• 9 UN member States ban non-vital medical interventions on intersex children; 2 have enacted restrictions at the sub-national level.
• 18 UN member States allow legal gender recognition based on self-determination.

Judicial and legislative milestones

Thirty years of constitutional democracy is a remarkable achievement.

But the true measure of what we have achieved lies not only in our laws or our jurisprudence, but rather in whether LGBTI people - especially young people - can live free from fear, secure in their bodies, visible in their identities, and affirmed in their families, schools, workplaces and communities.

South Africa has become a global leader in protecting LGBTI+ rights.

Our Constitution was among the first to prohibit discrimination on the grounds of “sex”, “gender” and “sexual orientation.” This is in section 9(3) which says that the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. 

It further says that no person may unfairly discriminate, directly or indirectly, against anyone on one or more of the grounds listed and that national legislation must be enacted to prevent or prohibit unfair discrimination.

The Promotion of Equality and Prevention of Unfair Discrimination, 2000 was enacted in line with section 9(4) of the Constitution.

Parliament has also enacted other laws that give life to these rights and since the transition to democracy in 1994 we have made significant progress in advancing LGBTI rights.

These changes have not only been brought about in terms of the laws passed, but also by our courts in their judgments.

We think, for example, of the Du Toit case where the Constitutional Court held that certain provisions of two laws, which prevented a lesbian couple in a permanent relationship from jointly adopting children, violated the equality provision on two grounds: sexual orientation and marital status, because the legislation confined the right to adopt children to married couples.

In other instances, we’ve seen the recognition of same-sex partnerships in relation to benefits such as state pensions and other employment benefits and immigration rights for same-sex couples.

In 1998 the so-called sodomy laws - that made sexual intercourse between gay men illegal - were struck down.

In 2003 we passed the Alteration of Sex Description and Sex Status Act.

The Labour Relations Act makes it an offence to dismiss any employee on the grounds of their sexual orientation while the Medical Schemes Act defines a dependent to include a same-sex partner.

The Civil Union Act of 2006 – which is celebrating its 20th anniversary this year - provides for the solemnisation of civil unions, by way of either a marriage or civil partnership.

These victories are the fruits of advocacy and litigation by LGBTQIA+ communities.

Most recently, the Prevention and Combating of Hate Crimes and Hate Speech Act creates specific offences for hate crimes and hate speech, ensuring prejudice-motivated offences are recognised, prosecuted, and punished.

The Act is a milestone in protecting communities from targeted violence and incitement.

It defines hate crimes as offences motivated by prejudice based on characteristics such as sexual orientation, gender identity, sex characteristics, race, nationality, and religion.

It criminalises intentional hate speech that incites harm or advocates hatred.

As you are aware, the Act’s commencement depends on finalising regulations to ensure uniform recording and reporting across the justice system.
Draft regulations published in late 2025 generated robust submissions from civil society and professional bodies.

I am pleased to announce that the regulations are at a very advanced stage of finalisation. Once finalised by the Department, the regulations will need to be submitted to Parliament as the Act provides that any regulations made must be submitted to Parliament for approval. If they are not approved by Parliament within 60 days, the Act provides that the regulations will be deemed to have been approved.

Regional and international developments: positioning South Africa

Our journey is part of a broader global movement. The Sustainable Development Goals - particularly Goal 5 on gender equality and the commitment to “Leave No One Behind” - demand that we confront violence and discrimination where it intersects with SOGIESC diversity.

Regionally, the African Commission on Human and Peoples’ Rights’ Resolution 552 (2023) was historic.  It explicitly recognised the rights of intersex persons and called for an end to non-consensual surgeries, infanticide, discrimination and stigma. South Africa welcomed this resolution, and we must ensure our domestic policies reflect its spirit.

Many of you may have read in the media about a recent African Regional Inter-Parliamentary Conference on Family Values and Sovereignty which took place in Ghana recently and brought together parliamentarians from over 20 African countries.

At the centre of the conference was the Draft African Charter on Family Sovereignty and Values, a proposed framework that seeks to redefine the family in a way that excludes same-sex relationships.

South Africa did not support the Charter.

The Member of Parliament ^[1] who led the South African delegation is reported as saying that the proposed charter conflicted with South Africa’s Constitution and Bill of Rights.

We continue our efforts in the region and on the continent to promote and protect the human rights of persons of diverse SOGIESC. Through our National Task Team and civil society partners, South Africa has contributed to regional dialogues on hate crimes and discrimination, building coalitions to resist the growing global anti-gender and anti-diversity movement. Our leadership must be more than symbolic - it must translate into tangible change in people’s lives.
South Africa must show leadership in these areas, building on constitutional foundations and judicial precedents, and working in solidarity with movements across Africa.

We face a global anti-gender and anti-diversity movement that is well organised and well resourced. Our response must be equally organised - rooted in coalitions that unite state institutions, civil society, faith leaders, academics, trade unions and, most importantly, LGBTI+ communities themselves.

Bridging law and lived realities: the role of the NTT and NIS SOGIESC

Progressive laws mean little if they remain distant from lived realities.

This is why we value the work being done by the National Task Team, the provincial Task Teams and the Rapid Response Team in protecting persons of diverse SOGIESC against hate crimes and violence.

The National Intervention Strategy on SOGIESC (2023–2027) have specific focus areas to achieve this - including the prevention of violence, community education, sensitisation of service providers, and improved access to justice.

Three priorities stand out:

• Strengthening first response and case handling: ensuring survivors of violence are treated with respect and sensitivity, and that hate motivation is properly identified and recorded to enable law enforcement and prosecution.
• Deepening community-level prevention: expanding education initiatives in townships and rural areas to challenge homophobia, biphobia, transphobia and intersexphobia.
• Integrating SOGIESC into broader GBVF and social cohesion agendas: embedding LGBTI+ rights within national strategies to reduce inequality and promote social cohesion.

Conclusion

As we celebrate the 30th Anniversary of the adoption of our Constitution in the spirit of Pride Month, and with the activism and vigour of Youth Month, let us remember that these milestones are not just markers of history, but living promises.

The Constitution gave us a vision of a society rooted in dignity, equality, and freedom.

Pride Month reminds us that those values must extend to every person of diverse SOGIESC, without exception.

Our task now is to carry forward that vision: to challenge prejudice wherever it hides, to build communities where inclusion is unconditional, and to ensure that love, identity, and self-expression are never grounds for exclusion.

In honouring the Constitution, in Pride Month and in Youth Month, we affirm that justice is not complete until it is shared by all.

Let us leave here committed to shaping a world where equality is not only written in law, but lived in every heart.

I thank you.