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National Coalition For Gay And Lesbian Equality V Minister Of Home Affairs
'' National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others'', 999ZACC 17, is a 1999 decision of the Constitutional Court of South Africa which extended to same-sex partners the same benefits granted to spouses in the issuing of immigration permits. It was the first Constitutional Court case to deal with the recognition of same-sex partnerships, and also the first case in which a South African court adopted the remedy of "reading in" to correct an unconstitutional law. The case is of particular importance in the areas of civil procedure, immigration, and constitutional law and litigation. In the area of constitutional litigation, the court considered its powers where it has declared a law or provision to be inconsistent with the Constitution. It found that, where the constitutional invalidity resulted from an omission in the legislation, it was not possible to cure the defect by way of notional severance. The only logical equivalent of sev ... [...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] |
Immigration Equality
Immigration Equality is a United States nonprofit organization founded in 1994. Based in New York, it both advocates for and directly represents LGBTQ and HIV-positive people in the immigration system. The organization provides guidance and legal counsel for LGBTQ and HIV-positive immigrants, particularly those seeking asylum from countries where they face persecution. In 2017, it provided over $33 million in free legal services for low-income LGBTQ and HIV-positive immigrants. It wins 99% of its cases. Direct legal representation and clients Immigration Equality represents LGBTQ and HIV-positive immigrants seeking safety, fair treatment, and freedom in the United States. Its clients include asylum seekers, binational couples and families, detained individuals, and undocumented people. In over 80 countries worldwide, it is a crime to be LGBT. Due to their sexual orientation, gender identity, or HIV status, clients are persecuted in their country of origin and flee to the Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eros (concept)
Eros (, ; ) is a concept in ancient Greek philosophy referring to sensual or passionate love, from which the term '' erotic'' is derived. ''Eros'' has also been used in philosophy and psychology in a much wider sense, almost as an equivalent to "life energy". The Protestant author C. S. Lewis posits it as one of the four ancient Greek words for love in Christianity, alongside '' storge'', '' philia'', and ''agape''. In literature The classical Greek tradition In the classical world, erotic love was generally referred to as a kind of madness or ''theia mania'' ("madness from the gods"). This love passion was described through an elaborate metaphoric and mythological schema involving "love's arrows" or "love darts", the source of which was often the personified figure of Eros (or his Latin counterpart, Cupid), or another deity (such as Rumor). At times the source of the arrows was said to be the image of the beautiful love object itself. If these arrows were to arrive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action. Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such as an injunction. The Supreme Court fashioned a two-part test for assessing ripeness challenges to federal regulations. The case is often applied to constitutional challenges to federal and state statutes as well. The Court said in '' Abbott Laboratories v. Gardner'', : ::Without undertaking to survey the intricacies of the ripeness doctrine it is fair to say ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 9 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] |
Commission For Gender Equality
The Commission for Gender Equality (CGE) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for Gender Equality Act of 1996. Vision and mission The vision of the CGE is "a society free from gender oppression and inequality". Its mission is to "advance, promote and protect gender equality in South Africa through undertaking research, public education, policy development, legislative initiatives, effective monitoring and litigation". Commissioners Nine commissioners were appointed by the South African President Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ... for various terms of office commencing 1 June 2012. Mr Mfanozelwe Shozi, Ms Thoko Mpumlwana, Ms Janine Hicks, Ms Sylvia Desire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 9 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] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interim Constitution Of South Africa
The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of the abolition of apartheid. It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review. History An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Home Affairs (South Africa)
Aaron Motsoaledi was appointed as South Africa's minister of the Department of Home Affairs in May 2019. Duties The department is responsible for: * Maintenance of the National Population Register (the civil registry), including the recording of births, marriages/civil partnerships and deaths. * Issuing identity documents and passports. * Issuing visas for visitors to South Africa (although visa applications pass through embassies or consulates which are part of the Department of International Relations and Cooperation). * Managing immigration to South Africa and naturalisation of permanent immigrants. * Handling refugees and asylum seekers in South Africa. * Controlling ports of entry at land borders, seaports and airports. Budget In the 2010 national budget, the department received an appropriation of 5,719.6 million rand, and had 9,375 employees. Criticisms A report by the country's Public Service Commission found that the Department of Home Affairs accounted for 22 of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aliens Control Act, 1991
Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, intelligent extraterrestrial beings; see List of alleged extraterrestrial beings ** For fictional extraterrestrial life, see Extraterrestrials in fiction * Introduced species, a species not native to its environment Alien(s), or The Alien(s) may also refer to: Science and technology * AliEn (ALICE Environment), a grid framework * Alien (file converter), a Linux program * Alien Technology, a manufacturer of RFID technology Arts and entertainment * ''Alien'' (franchise), a media franchise ** Alien (creature in ''Alien'' franchise) Films * ''Alien'' (film), a 1979 film by Ridley Scott ** ''Aliens'' (film), second film in the franchise from 1986 by James Cameron ** ''Alien 3'', third film in the franchise from 1992 by David Fincher ** ''Alien Resurre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
