South Africa's Democratisation and the Politics of Gay Liberation

Abstract

When South Africa's final constitution was promulgated in 1996, it became the first in the world expressly to protect the rights of gay and lesbians. Since 1996, South African courts have decriminalised sodomy, ruled in favour of gay employees seeking benefits for partners, and supported immigration rights for foreign partners of gay South Africans. These gains are remarkable given the previously weak gay movement and the country's already crowded political and economic agenda in the wake of apartheid. This apparent tolerance also contrasts sharply with official homophobia and repression in neighbouring Zimbabwe and Namibia. This article argues that South Africa's democratic transition provided a political opportunity structure amenable to gay mobilisation. Secondly, the article examines how the gay liberation movement contributes to deepening South Africa's democratisation at a time when analysts are questioning the autonomy and strength of the country's civil society.

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