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Geldenhuys V National Director Of Public Prosecutions
''Geldenhuys v National Director of Public Prosecutions and Others'' is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex. Background Section 14(1) of the Sexual Offences Act, 1957, as amended in 1969 and 1988, read as follows: (1) Any male person who— :(a) has or attempts to have unlawful carnal intercourse with a girl under the age of 16 years; or :(b) commits or attempts to commit with such a girl or with a boy under the age of 19 years an immoral or indecent act; or :(c) solicits or entices such a girl or boy to the commission of an immoral or indecent act, shall be guilty of an offence. Section 14(3), added in 1988, contained a mirror provision with the genders inverted. The effect of these sections was to fix the age of consent at 16 for heterosexual sex and 19 for homosexual sex. The Interim Constitution of South Africa, which came into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Coalition For Gay And Lesbian Equality V Minister Of Justice
''National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others'' is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights (South Africa), Bill of Rights in the Constitution of South Africa, Constitutionand in particular its Section Nine of the Constitution of South Africa, explicit prohibition of discrimination based on sexual orientationthe court unanimously ruled that the sodomy law, crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid. The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case ''Minister of Home Affairs and Another v Fourie and Another'', a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2008 In Case Law
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an wikt:octet, octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Catalan conjecture, Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed divisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African LGBT Rights Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT Rights In South Africa
Lesbian, gay, bisexual and transgender (LGBT) people in South Africa enjoy the same rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition. South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation, and South Africa was the fifth country in the world to legalise same-sex marriage. South Africa is to date the only country in Africa to have legalised same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. LGBT people have constitutional and statutory protections from discrimination ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Prosecuting Authority
The National Prosecution Authority (NPA) is the agency of the South African government responsible for state prosecutions. Under Section 179 of the Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to institution of criminal proceedings. The NPA is accountable to Parliament, and final responsibility over it lies with the Minister of Justice and Correctional Services. Structure On a national level, the NPA is headed by the National Director of Public Prosecutions (NDPP). The NDPP is appointed by the President of South Africa for a term of 10 years. The NDPP is supported by a chief executive officer, a position which was filled by Marion Sparg from 2000 to 2007, and by four Deputy National Directors of Public Prosecutions. At the national level, there are also four Special Directors and an Investig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Nine Of The Constitution Of South Africa
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination. Text Under the heading "Equality", the section states: Notable cases * '' President of the Republic of South Africa and Another v Hugo'' (1997) — a presidential decision to remit the sentences of imprisoned mothers with young children is not unfair discrimination against similarly-situated fathers. * ''Prinsloo v Van der Linde and Another'' (1997) — a law which imposes a different onus of proof in civil cases involving forest fires does not deny equal protection of the law or amount to unfair discrimination. * '' Larbi-Odam and Others v MEC for Education (North-West Province) and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transvaal Provincial Division
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transvaal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends eastward into the foothills of the Magaliesberg mountains. It has a reputation as an academic city and center of research, being home to the Tshwane University of Technology (TUT), the University of Pretoria (UP), the University of South Africa (UNISA), the Council for Scientific and Industrial Research (CSIR), and the Human Sciences Research Council. It also hosts the National Research Foundation (South Africa), National Research Foundation and the South African Bureau of Standards. Pretoria was one of the host cities of the 2010 FIFA World Cup. Pretoria is the central part of the City of Tshwane Metropolitan Municipality which was formed by the amalgamation of several former local authorities, including Bronkhorstspruit, Centurion, Gaute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law (Sexual Offences And Related Matters) Amendment Act
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007; also referred to as the Sexual Offences Act) is an Act of Parliament, act of the Parliament of South Africa that reformed and codified the Sex and the law, law relating to sex offences. It repealed various common law crimes (including rape and indecent assault) and replaced them with statutory crimes defined on a gender-neutral basis. It expanded the definition of rape, previously limited to vaginal sex, to include all non-consensual penetration; and it equalised the age of consent for heterosexual and homosexual sex at 16. The act provides various services to the victims of sexual offences, including free post-exposure prophylaxis for HIV, and the ability to obtain a court order to compel HIV testing of the alleged offender. It also created the National Register for Sex Offenders, which records the details of those convicted of sexual offences against children or people who are mentall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
