Section 20A
Section 20A of the Immorality Act, 1957, commonly known as the "men at a party" clause, was a South African law that criminalised all sexual acts between men that occurred in the presence of a third person. The section was enacted by the Immorality Amendment Act, 1969 and remained in force until it was found to be unconstitutional in 1998 by the Constitutional Court in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice.
The text of the clause was the following:
"Acts committed between men at a party and which are calculated to stimulate sexual passion or to give sexual gratification, prohibited.
20A. (1) A male person who commits with another male person at a party an act which is calculated to stimulate sexual passion or to give sexual gratification, shall be guilty of an offence.
(2) For the purposes of subsection (1) 'a party' means any occasion where more than two persons are present.
(3) The provisions of subsection (1) do not derogate from the common law, any other provision of this Act or a provision of any other law."
The prescribed penalty was a fine of up to R4000 or imprisonment for up to two years or both.
"Sodomy" and "unnatural sexual acts" were offences in the Roman-Dutch common law of South Africa. These offences criminalised, inter alia, anal sex, oral sex, intercrural sex and mutual masturbation between men, but did not apply to, for example, men merely touching or kissing each other. In January 1966 the police raided a gay party, at which about 300 men were present, in the Forest Town suburb of Johannesburg. This, and a number of subsequent raids on parties and clubs in various cities, led to a moral panic. Homosexuality (particularly male homosexuality) was unacceptable in the Afrikaner Calvinist ethos of the apartheid regime, and Parliament reacted by convening a Select Committee which, in 1968, proposed a number of amendments to the Immorality Act. One of these was the "men at a party" clause, which was consequently enacted in 1969.
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