The Commission received complaints about the proposed entry into South Africa by Pastor Anderson during July 2016. Complainants expressed concerns about the visit, given his homophobic pronouncements about members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community as well as members of the Jewish and Muslim communities. The Commission wrote to Minister Gigaba on 27th July 2016 to express its concern about the planned visit and to establish steps being taken by the Department as the custodial implementation authority of the Immigration Act.
 
Earlier this year the Commission, in partnership with the Department of Justice and Constitutional Development and other stakeholders hosted the African Regional Seminar on Sexual Orientation, Gender Identity and Expression (SOGIE) recording commitment of efforts toward the eradication of discrimination and violence in the region. The Commission’s engagement with the Department of Home Affairs took its commitment as a national human rights institution forward in its attempts to promote the protection of SOGIE rights and those of the complainants to it.
 
Notwithstanding that the Pastor was not in South Africa when the offending statements were made and published, their impact was felt by all social media users including persons in South Africa.  The Constitution of South Africa has express provisions which protect the human rights to equality and dignity of all persons. Equality and dignity are also the basis upon we may approach the interpretation of the bill of rights from a value based perspective.  In addition, South Africa has specific legislation in place to promote and protect the fundamental rights to equality, dignity and sexual orientation in the the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000 (“Equality Act"). The legislation expressly prohibits certain forms of speech of a nature published by Pastor Anderson. Section 10 of the Equality Act states that: “No person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a dear intention to be hurtful; be harmful or to incite harm; promote or propagate hatred.”  The grounds referred to in the Equality Act include sexual orientation as well as religion, conscience and belief, among others.
 
Having had regard to the proposed entry into South Africa by Pastor Anderson, the Commission met with Minister Gigaba on 5th September 2016 in Pretoria. Following on these discussions, the Commission is heartened that the Department of Home Affairs has taken proactive steps to protect the rights of persons in our country and to advance the commitments to respect for human rights recorded in our bill of rights.  
 
The Commission reiterates that as a society we are obliged to live the values in our Constitution and to recognize it protects the right to live and love without fear and prejudice, regardless of one’s sexual orientation.  
 
ENDS
 
Issued by the South African Human Rights Commission
 
Gail Smith – Spokesperson, SAHRC
For more information contact Gushwell Brooks on 082 645 8573