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The gap between legal rights and lived realities

Saturday Star

|

June 07, 2025

AS JUNE dawns and South Africa steps into Pride Month, the contradiction between what is promised and what is lived becomes impossible to ignore.

- TRACY-LYNN RUITERS

The gap between legal rights and lived realities

On paper, South Africa boasts one of the most progressive constitutions in the world - a beacon of equality, dignity, and protection for all, regardless of sexual orientation or gender identity.

But for many in the LGBTQIA+ community, especially those living on the margins, that promise remains unfulfilled.

Legal protections offer hope, but discrimination persists, violence goes unchecked, and many queer South Africans still live in fear, forced to justify their existence in a society that too often refuse to see them.

For organisations like Ilitha Labantu, Pride Month is not just about rainbow flags and celebration - it is a solemn call to affirm the rights, dignity, and safety of LGBTQIA+ persons.

Siya Monakali of Ilitha Labantu said: “The LGBTQIA+ community is not a homogenous group. Our experiences are shaped by race, class, gender, and geography - and too often, those at the intersection of these identities bear the brunt of exclusion and violence.”

Monakali explained that while the Constitution offers strong protections, systemic discrimination persists - particularly against black lesbian women, transgender individuals, and those living in poverty.

This is a reality Taswald Ruiters, a transgender woman based in Cape Town, has experienced first hand.

“There is no question that the Constitution is set to protect the transgender community,” Ruiters said. “It makes us feel seen and heard. However, there is still work that needs to be done.”

Despite legal protections, economic exclusion remains widespread.

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