Satchwell V President Of The Republic Of South Africa
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Satchwell V President Of The Republic Of South Africa
''Satchwell v President of the Republic of South Africa and Another'' is a 2002 decision of the Constitutional Court of South Africa which determined that the same-sex life partner of a judge was entitled to the same financial benefits available to the opposite-sex spouse of a judge. The case, which challenged the Judges' Remuneration and Conditions of Employment Act, 1989, was brought by Kathy Satchwell, an openly lesbian judge of the Transvaal Provincial Division (now known as the Gauteng Division) of the High Court. The court ruled unanimously that the law violated the equality clause of the Bill of Rights, which forbids unfair discrimination on the basis of sexual orientation. The judgment therefore amended the law to extend the spousal benefits to same-sex partners who had undertaken "reciprocal duties of support". Although the holding, strictly speaking, was limited to judges and their partners, it was seen as having a wider effect, with the director of the Lesbian and G ...
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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 ...
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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 ...
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2002 In LGBT History
This is a list of notable events in the history of LGBT rights that took place in the year 2002. Events * Sweden legalizes adoption for same-sex couples, making Sweden's registered partnership nearly identical to marriage, with the exception of right to marriage in a church. * US state of New York bans sexual orientation discrimination in the private sector. * Tony Knowles, governor of the U.S. state of Alaska, issues an executive order banning sexual orientation discrimination in the public sector. April * 28 – Homosexuality is decriminalized in the People's Republic of China, as the newly amended Marriage Law avoids this topic. May * 6 – Openly gay Dutch politician Pim Fortuyn is assassinated by Volkert van der Graaf. * 10 – In ''Marc Hall v. Durham Catholic School Board'', Canadian gay teenager Marc Hall wins an injunction permitting him to bring his boyfriend to his prom. * 17 – In Germany, the Bundestag passes a supplement to the Act of Abolition of National Soci ...
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Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ...
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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 ...
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Bill Of Rights (South Africa)
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ...
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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 ...
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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 ...
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Gauteng 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 Transva ...
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Lesbian
A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexuality or same-sex attraction. The concept of "lesbian" to differentiate women with a shared sexual orientation evolved in the 20th century. Throughout history, women have not had the same freedom or independence as men to pursue homosexual relationships, but neither have they met the same harsh punishment as homosexual men in some societies. Instead, lesbian relationships have often been regarded as harmless, unless a participant attempts to assert privileges traditionally enjoyed by men. As a result, little in history was documented to give an accurate description of how female homosexuality was expressed. When early sexologists in the late 19th century began to categorize and describe homosexual behavior, hampere ...
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