child is born or when an adoption order is granted. It also enables the adoptive parents of a child of under two years old to take an adoption leave of two months and two weeks consecutively. If there are two adoptive parents‚ one of them is entitled to adoption leave and the other is entitled to parental leave of 10 days. The same provision is made for commissioning parents in a surrogate motherhood agreement. The law went into effect on 1 January 2019. Discrimination protections The protection of LGBT rights in South Africa is based on section 9 of the Constitution, which forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties. The Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. These constitutional protections have been reinforced by the jurisprudence of the Constitutional Court and various statutes enacted by Parliament. In 2012, the Congress of Traditional Leaders of South Africa (Contralesa) filed a draft document calling for the removal of LGBT rights from the Constitution of South Africa. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution. The Committee at the time was chaired by MP Sango Patekile Holomisa, who is also president of Contralesa. The parliamentary caucus of the ruling African National Congress rejected the proposal. The Constitution prohibits all unfair discrimination on the basis of sex, gender or sexual orientation, whether committed by the government or by a private party. In 2000, Parliament enacted the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), which restates the constitutional prohibition and establishes special Equality Courts to address discrimination by private parties. The Employment Equity Act, 1998 and the Rental Housing Act, 1999 specifically forbid discrimination in employment and housing, respectively. The PEPUDA also prohibits hate speech and harassment based on any of the prohibited grounds of discrimination. South Africa does not have any statutory law requiring increased penalties for hate crimes, but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing. Prevention and Combating of Hate Crimes and Hate Speech Bill The Prevention and Combating of Hate Crimes and Hate Speech Bill, which is pending within the South African Parliament, would outlaw hate crimes and hate speech on grounds of race, gender identity