Section 20A
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Section 20A
Section 20A of the Immorality Act, 1957, commonly known as the "men at a party" clause, was a South African law that criminalised all sexual acts between men that occurred in the presence of a third person. The section was enacted by the Immorality Amendment Act, 1969 and remained in force until it was found to be unconstitutional in 1998 by the Constitutional Court in the case of ''National Coalition for Gay and Lesbian Equality v Minister of Justice''. The text of the clause was the following: The prescribed penalty was a fine of up to R4000 or imprisonment for up to two years or both. "Sodomy" and " unnatural sexual acts" were offences in the Roman-Dutch common law of South Africa. These offences criminalised, ''inter alia'', anal sex, oral sex, intercrural sex and mutual masturbation between men, but did not apply to, for example, men merely touching or kissing each other. In January 1966 the police raided a gay party, at which about 300 men were present, in the Forest ...
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Immorality Act, 1957
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality Act, 1957) is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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LGBT Law In South Africa
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is an adaptation of the initialism ', which began to replace the term ''gay'' (or ''gay and lesbian'') in reference to the broader LGBT community beginning in the mid-to-late 1980s. When not inclusive of transgender people, the shorter term LGB is still used instead of LGBT. It may refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender. To recognize this inclusion, a popular variant, ', adds the letter ''Q'' for those who identify as queer or are questioning their sexual or gender identity. The initialisms ''LGBT'' or ''GLBT'' are not agreed to by everyone that they are supposed to include. History of the term The first widely used term, ''homosexual'', no ...
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National Coalition For Gay And Lesbian Equality And Another V Minister Of Justice And Others
''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 in the Constitutionand in particular its explicit prohibition of discrimination based on sexual orientationthe court unanimously ruled that the 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 court extended to same-sex couples immigration-related rights, pension benefits, the ability to adopt, and parental righ ...
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Sexual Offences Act, 1957
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality Act, 1957) is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Criminal Law (Sexual Offences And Related Matters) Amendment Act, 2007
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 the Parliament of South Africa that reformed and codified the 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 mentally disabled. List of offences T ...
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Lourens Ackermann
Lourens Wepener Hugo "Laurie" Ackermann (b 14 January 1934) is a former justice of the Constitutional Court of South Africa, where he served from 1994 to 2004. Ackermann was born in Pretoria, South Africa and he matriculated from Pretoria Boys High School in 1950. He studied law at Stellenbosch and Oxford University, where he went in 1954 as a Cape Rhodes Scholar. Laurie served on the Lesotho Court of Appeal from 1988 to 1992 and as the Namibian Supreme Court's acting judge of appeal from 1991 to 1992. He is married to Denise and has three children. Ackermann was appointed to the newly formed Constitutional Court in 1994 after his nomination by President Nelson Mandela. He is an honorary fellow of Worcester College, Oxford Worcester College is one of the constituent colleges of the University of Oxford in England. The college was founded in 1714 by the benefaction of Sir Thomas Cookes, 2nd Baronet (1648–1701) of Norgrove, Worcestershire, whose coat of arms w ..., his old ...
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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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Witwatersrand Local Division
The Gauteng Division of the High Court of South Africa is a superior court, superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West (South African province), 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 Uni ...
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National Coalition For Gay And Lesbian Equality
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 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-apartheid South Africa's constitutional equ ...
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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 ...
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