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Same-sex Marriage In South Africa
Same-sex marriage in South Africa has been legal since the '' Civil Union Act, 2006'' came into force on 30 November 2006. The decision of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'' on 1 December 2005 extended the common-law definition of marriage to include same-sex spousesas the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientationand gave Parliament of South Africa, Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly of South Africa, National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage. History Background South Africa w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Union Act, 2006
The Civil Union Act, 2006 (Act No. 17 of 2006) is an act of the Parliament of South Africa which legalised same-sex marriage. It allows two people, regardless of gender, to form either a marriage or a civil partnership. The act was enacted as a consequence of the judgment of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'', which ruled that it was unconstitutional for the state to provide the benefits of marriage to opposite-sex couples while denying them to same-sex couples. Legislative history The Constitutional Court's judgment set a deadline of 1 December 2006 for Parliament to rectify the situation. If Parliament missed the deadline, words would be "read in" to the Marriage Act to allow same-sex marriages to take place. On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament. It was introduced in the National Assembly by the Minister of Home Affairs on 12 September. The original bill only allowed for civil partne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
J V Director General, Department Of Home Affairs
''J and B v Director-General, Department of Home Affairs and Others'' is a 2003 decision of the Constitutional Court of South Africa which dealt with the situation of children born via artificial insemination to a lesbian couple in a permanent life-partnership. The court ruled that the partner who was not the biological parent was to be regarded as a natural parent and guardian and that the children were legitimate in law, and ordered the Department of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ... to register both partners as parents on the children's birth certificates. References External links Text of the judgment Constitutional Court of South Africa cases 2003 in LGBT history 2003 in case law 2003 in South African law South African family case law S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of South Africa
The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority is vested in the President of South Africa who is head of state and head of government, and his Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the South African Constitution as "distinctive, interdependent and interrelated". Operating at both national and provincial levels ("spheres") are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of co-operative governance. The national government is c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ian Farlam
Ian Farlam SC is a retired South African judge, who chaired the commission of inquiry into the 2012 Marikana massacre. Early life and education Farlam was born in Cape Town and obtained his LLB degree from the University of Cape Town in 1961. In that year he was also the clerk of Judge Martin Theron.. Career He became a prosecutor and worked at the attorney general's office from 1964 until 1968, first in Grahamstown and then in Cape Town. He joined the Cape Bar in 1968 and was awarded Senior Counsel status at the end of 1981. During 1988, Farlam acted for the first time as a judge in the Orange Free State Provincial Division of the High Court and on 1 October 1993, he was appointed judge of the Cape Provincial Division The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over th ... o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edwin Cameron
Edwin Cameron SCOB (born 15 February 1953 in Pretoria) is a retired judge who served as a Justice of the Constitutional Court of South Africa. He is well known for his HIV/AIDS and gay-rights activism and was hailed by Nelson Mandela as "one of South Africa's new heroes". President Ramaphosa appointed him as Inspecting Judge of Correctional Services from 1 January 2020 and in October 2019 he was elected Chancellor of Stellenbosch University. Early life Cameron was born in Pretoria. His father was imprisoned for car theft and his mother did not have the means to support him. He therefore spent much of his childhood in an orphanage in Queenstown. His elder sister was killed when Cameron was seven. Cameron won a scholarship to attend Pretoria Boys High School, one of South Africa's best state schools, and reinvented himself, he says, "in the guise of a clever schoolboy". Thereafter he went to Stellenbosch University, studying Latin and classics. Here he stayed at Wilgenhof Mens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leave To Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Act, 1961 (South Africa)
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament. The Marriage Act is not the only law under which a marriage may be contracted. The Recognition of Customary Marriages Act, 1998 recognises marriages under African customary law as valid marriages, though they are not legally identical to marriages under the Marriage Act. The Civil Union Act, 2006 allows for ''inter alia'' same-sex marriages which are legally equivalent to marriages under the Marriage Act. Before 1961, the law of marriage in South Africa w ... [...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] |
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] |
Lesbian And Gay Equality Project
The Lesbian and Gay Equality Project (LGEP), formerly known as the National Coalition for Gay and Lesbian Equality (NCGLE), is a non-profit, non-governmental organization in South Africa that focuses on the expansion of LGBT civil rights in South Africa and other countries in sub-Saharan Africa. It was co-founded by Zackie Achmat in 1994, and successfully lobbied for the inclusion of sexual orientation as a basis for non-discrimination laws in the country after the end of the apartheid period. The organization has continued to operate after South Africa officially legalized same-sex marriage in South Africa, same-sex marriage in 2005. Its work includes "law reform, lobbying, litigation, advocacy, employment equity, leadership training and development." The late South African activist Simon Nkoli was a member of the executive committee of the NCGLE upon its formation in 1994, and was a key figure in the organization's successful campaign to include sexual orientation in post-aparthei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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