Local Laws

CRIMINAL PENALTIES:  While you are traveling in South Africa you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. If you violate South Africa’s laws, even unknowingly, you may be expelled, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in South Africa are severe, and convicted offenders can expect long jail sentences and heavy fines.  In South Africa, you may be taken in for questioning if you don’t have your passport with you or if you take pictures of certain buildings.  In South Africa, driving under the influence could land you immediately in jail.  If you break local laws in South Africa, your U.S. passport won’t help you avoid arrest or prosecution.  Please see our information on Criminal Penalties.

There are also some things that might be legal in the country you visit, but still illegal in the United States.  You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws.  Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not.  To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.

SPECIAL CIRCUMSTANCES: HIV and AIDS remain major public health concerns in the Republic of South Africa. According to the UNAIDS Report on the global AIDS epidemic (2010), about 5.6 million people are estimated to be living with HIV in South Africa, with 17.8 percent of the adult population (15-49) affected.

Women are disproportionately affected, accounting for approximately 55 percent of HIV-positive people. Women in the age group 25-29 are the worst-affected, with prevalence rates of up to 40 percent. For men, the peak is reached at older ages, with an estimated 10 percent prevalence among men older than 50 years. Public awareness in the country as to how to protect against infection is wide-spread and increasing. However, we recommend you exercise appropriate precautions if engaging in sexual activity, or if you are exposed to a blood source other than that supplied by a hospital for transfusion purposes.

If you are a woman traveling abroad, please review our travel tips for Women Travelers.  

LGBT RIGHTS: South Africa is one of the most progressive countries in Africa in the protection of Lesbian, Gay, Bisexual and Transgendered (LGBT) rights, but it still faces a number of challenges. The post-apartheid constitution outlaws discrimination based on sexual orientation and the Constitutional Court (the equivalent of the U.S. Supreme Court) ruled in 2005 that gay marriage is allowable.  Parliament passed a law in 2006 allowing same-sex couples to marry. As a result, South Africa has become a same-sex marriage tourism destination. There have been no reports of official mistreatment or discrimination based on sexual orientation. 

Although the legal system protects LGBT individuals, public attitudes toward them are divergent. In a Pew Research Center study released in 2013, 61 percent of respondents said homosexuality should not be accepted by society, while just 32 percent said it should be accepted. Human rights groups reported the local LGBT community, particularly in the townships, was subject to hate crimes, gender violence, and killings. There have been no reports of violence against U.S. citizens or tourists as a result of their sexual orientation, though tourists are frequently victims of violent crime. LGBT travelers outside of major cities should exercise caution when visiting traditional communities, as they may be less accepting of public displays of affection or LGBT culture than major cities and tourist destinations.

For more detailed information about LGBT rights in South Africa, you may review the State Department’s Country Reports on Human Rights Practices for 2013.  For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in South Africa, U.S. citizens with disabilities may find accessibility and accommodation very different from what is found in the United States. South African law mandates access to buildings for persons with disabilities, but these laws are rarely enforced. Even in government buildings, it is not unusual to encounter entrances with multiple stairs and elevators that have not been operational for some time, and many private businesses are no different. However, many tourist attractions, and restaurants near the tourist attractions, are better-equipped with ramps and other options to facilitate access. If you are a traveler with a disability, you should plan ahead to ensure that your lodging and planned activities are able to accommodate any special requirements.