Activists have expressed concern that South Africa’s much-needed and long-awaited national LGBTIQ+ school guidelines will not be binding or enforceable.
On Tuesday, IOL News reported that the Department of Basic Education had confirmed that the finalisation of the guidelines was almost complete.
The document aims to ensure that school environments are safe, inclusive and affirming for LGBTIQ+ learners in South Africa, in line with the country’s Constitution and equality laws.
“The minister can confirm that we are at advanced stages of finalising the inclusive guidelines to provide practical but non-binding guidance to empower schools to create more inclusive spaces,” Basic Education Minister Siviwe Gwarube’s spokesperson, Lukhanyo Vangqa, told IOL.
Vangqa added that “the guidelines do not push for unisex bathrooms nor unisex uniforms” and that they only “provide practical guidelines for schools to deal with such requests as and when they arise.”
Draft Guidelines Leak Sparked Backlash
A draft version of the guidelines was leaked in 2022, sparking a wave of queerphobic misinformation and panic led by religious and conservative groups. They warned that learners would be “sexualised” and “indoctrinated” into upending “gender norms” and claimed that the guidelines would result in all school bathrooms becoming unisex.
The backlash appears to have delayed the formal publication of the guidelines for public comment, which was originally expected in 2023. In the years since, LGBTIQ+ organisations have continued to report incidents of queer learners facing exclusion and bullying because of their identity or gender expression.
A 2016 hate crimes study by OUT LGBT Well-being found that 55% of LGBTI+ South Africans under 25 years of age had endured verbal insults at school, 35% had been threatened with violence, 18% had been punched, hit or kicked, and 11% had been sexually abused or raped.
Recent cases have included reports that learners were targeted or even expelled because of their choice of school uniform or gender identity. There have also been claims of learners being denied permission to take same-sex partners to matric dances.
In 2023, 12-year-old learner Sibusiso Mbatha’s death by suicide led to a damning investigation into emotional and homophobic abuse by the deputy principal at his Gauteng school.
Access Chapter 2 Welcomes Progress
In a statement, LGBTIQ+ human rights organisation Access Chapter 2 (AC2) welcomed news that the Department had made progress in finalising the guidelines.
“For far too long, LGBTIQ+ learners have experienced bullying, exclusion, violence, and discrimination in educational settings. In the absence of clear guidelines for educators, school management teams, and school governing bodies, many schools have failed to give full effect to the constitutional rights of LGBTIQ+ learners.”
Sibonelo Ncanana-Trower, Human Rights Coordinator at OUT LGBT Well-being, also applauded the development as an important milestone after years of engagement and advocacy with the department and other stakeholders.
“It has been a long road to reach this point,” he told MambaOnline.
Concerns Over Non-Binding Guidelines
AC2, however, expressed concern that the guidelines would serve only as recommendations rather than enforceable rules.
“While we appreciate the effort to address public misconceptions surrounding the guidelines, the non-binding nature of the document remains a matter of concern,” said AC2.
The organisation warned that the lack of binding regulations could undermine the consistent protection of LGBTIQ+ learners’ rights.
“Constitutional rights should not be subject to inconsistent interpretation or discretionary implementation from one school to another,” said the group.
“Every learner, irrespective of where they attend school, is entitled to the same constitutional protections against discrimination, exclusion, and violence. The effective protection of these rights requires consistency in implementation across all schools,” added AC2.
Call for Stronger Protections
AC2 urged the Department of Basic Education to strengthen the enforceability of the guidelines “so that constitutional protections are applied uniformly across all schools.”
The organisation also called for public debate around the guidelines to remain grounded in facts rather than misinformation.
“These guidelines are not intended to impose sweeping structural changes on schools; rather, they provide practical guidance on preventing discrimination, responding appropriately to bullying and harassment, and fostering inclusive, safe, and respectful learning environments,” said AC2.
Ncanana-Trower acknowledged that the guidelines are not enforceable, but believes that they still represent a significant step in the right direction.
“We encourage all schools, governing bodies, educators, and education officials to make full use of these guidelines to minimise harm, uphold the dignity of every learner, and create safe, inclusive learning environments where all children have the opportunity to thrive,” he said.
