National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
Encyclopedia
National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs
and Others is a 1999 decision of the Constitutional Court of South Africa
which extended immigration rights to the foreign partners of South African citizens in same-sex relationships.
The Court ruled that section 25(5) of the Aliens Control Act, 1991 was unconstitutional because it did not grant to partners in permanent same-sex life partnerships the same benefits that it granted to married couples. It therefore discriminated unfairly on the basis of sexual orientation, which was inconsistent with the equality clause
of the Bill of Rights. (The decision came before the 2006 legalisation of same-sex marriage in South Africa
.)
The Court decided that the unconstitutionality was to be remedied by reading in the words "or partner, in a permanent same-sex life partnership" after the word "spouse" in the Aliens Control Act.
The Aliens Control Act was subsequently repealed and replaced by the Immigration Act, 2002, which defines "spouse" as "a person who is a party to a marriage, or a customary union, or a permanent homosexual or heterosexual relationship".
Minister of Home Affairs (South Africa)
The Minister of Home Affairs is the minister in the Cabinet of South Africa with responsibility for the Department of Home Affairs. The position includes responsibility for immigration, refugee and asylum policy, for the civil registry, and for the issuing of identity documents and passports.-List...
and Others is a 1999 decision of the Constitutional Court of South Africa
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
which extended immigration rights to the foreign partners of South African citizens in same-sex relationships.
The Court ruled that section 25(5) of the Aliens Control Act, 1991 was unconstitutional because it did not grant to partners in permanent same-sex life partnerships the same benefits that it granted to married couples. It therefore discriminated unfairly on the basis of sexual orientation, which was inconsistent with the equality clause
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...
of the Bill of Rights. (The decision came before the 2006 legalisation of same-sex marriage in South Africa
Same-sex marriage in South Africa
Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal...
.)
The Court decided that the unconstitutionality was to be remedied by reading in the words "or partner, in a permanent same-sex life partnership" after the word "spouse" in the Aliens Control Act.
The Aliens Control Act was subsequently repealed and replaced by the Immigration Act, 2002, which defines "spouse" as "a person who is a party to a marriage, or a customary union, or a permanent homosexual or heterosexual relationship".