Reference no: EM133460241

Case Study: In the newspaper article written by Nico De Jager titled "Pride is a heavy price to pay", the author talks about discrimination on the basis of sexual orientation. According to this article: "At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex, asexual plus] individuals were brutally killed across South Africa between February and October [2021] when the country witnessed an increase in the number of attacks against lesbians, gays and transgender people. Many of the victims were beaten or stabbed to death. Evidently, these victims were targeted because of their sexual orientation and gender identity." The article further indicates that: "As a society firmly entrenched in patriarchy and misogyny, many South Africans still perceive LGBTQIA+ individuals as inherently immoral and/or "un-African" and therefore pay little attention to the violence that they endure daily. This is indicative of the work that needs to be done in changing societal attitudes in our communities."

Questions:

1.1 Despite the rights of LGBTQI+ having constitutional and legislative protection, members of this community are still victimized in South Africa, with some critics (as noted above) viewing homosexuality as immoral. One of the consistent debates in legal philosophy has been the relationship between law and morality. Discuss how legal positivists and natural-law philosophers in South Africa view this relationship. (20)

1.2 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits discrimination on the basis of sexual orientation. Moreover, the Civil Union Act 17 of 2006 recognises same-sex marriages. Keeping in mind the positivist theory of adjudication, is the South African position on homosexuality based on law or morality? Discuss.