Reflections on the rejection of the right to sexual orientation by the institution of traditional leadership: Lessons from South Africa

Abstract

The submission made by the National House of Traditional Leaders to the Constitutional Review Committee for the removal of sexual orientation from the protection accorded to it in section 9(3) of the 1996 Constitution has sparked debate on the regulation of traditional authority by the institution of traditional leadership in accordance with the foundational values of the new constitutional dispensation. The debate is, amongst others, related to the impact of the submission on the rights of couples in same-sex relationships within the framework of the traditional system of governance. It further raises questions as to the effect of traditional values, such as Ubuntu, in the protection of these rights under the system of traditional authority. Ubuntu is proclaimed as an overarching African philosophy which encapsulates the collective respect for all rights for all people without distinction.