Satchwell v President of the Republic of South Africa
Encyclopedia
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 North Gauteng 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 Gay Equality Project
describing it as "yet another step toward the formal legal recognition of same-sex relationships".
In 2003 it was realised that a new version of the act (the Judges' Remuneration and Conditions of Employment Act, 2001) had been passed and, due to a drafting error, still included the former discriminatory language. The Constitutional Court granted an order applying the reasoning of its earlier ruling to the new act.
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 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
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
judge of the Transvaal Provincial Division (now known as the North Gauteng High Court
North Gauteng High Court
The North Gauteng High Court is a division of the High Court of South Africa...
).
The court ruled unanimously that the law violated 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, 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 Gay Equality Project
Lesbian and Gay Equality Project
The Lesbian and Gay Equality Project , formerly known as the National Coalition for Gay and Lesbian Equality , 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...
describing it as "yet another step toward the formal legal recognition of same-sex relationships".
In 2003 it was realised that a new version of the act (the Judges' Remuneration and Conditions of Employment Act, 2001) had been passed and, due to a drafting error, still included the former discriminatory language. The Constitutional Court granted an order applying the reasoning of its earlier ruling to the new act.