Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others, [2005] ZACC 19, is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation. As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage.
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.
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 Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
Du Toit and Another v Minister for Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children. LGBT people had already been able to adopt children individually, but only married couples could adopt jointly; the decision was handed down in September 2002, four years before same-sex marriage became legal in South Africa. The court ruled unanimously that the statutory provisions limiting joint adoption to married couples were unconstitutional, and the resulting order amended the law to treat same-sex partners in the same way as married couples.
Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others is an important case in South African property law, heard by the Constitutional Court on August 21, 2008, with judgment handed down on June 10.
Daniels v Campbell NO and Others, an important case in South African family law and law of succession, was heard in the Constitutional Court on 6 November 2003 and decided on 11 March 2004. The court was unanimous that the constitutional right to equality requires that rights of intestate inheritance and maintenance must be extended to the surviving partners of de facto monogamous Muslim marriages, even though such marriages are not recognised under the Marriage Act, 1961.
Hassam v Jacobs NO and Others, an important case in South African family law and law of succession, was heard in the Constitutional Court of South Africa on 19 February 2009 and decided on 15 July 2009. It concerned the proprietary consequences of polygynous Muslim marriage in the context of intestate succession.
Government of the Republic of South Africa and Others v Grootboom and Others is an important case in South African law, heard in the Constitutional Court on 11 May 2000, with judgment handed down on 4 October.
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another was an important case in South African customary law.
Barkhuizen v Napier is an important case in South African contract law. It was heard in the Constitutional Court of South Africa on 4 May 2006 and decided on 4 April 2007. The judges were Chief Justice Pius Langa, Deputy Chief Justice Dikgang Moseneke, and Justices Tholie Madala, Yvonne Mokgoro, Sandile Ngcobo, Bess Nkabinde, Kate O'Regan, Albie Sachs, Thembile Skweyiya, Johann van der Westhuizen, and Zak Yacoob.
Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others is an important case in South African civil procedure and property law, decided in the Constitutional Court of South Africa on 8 October 2004. The court held unanimously that the Magistrates' Courts Act, 1944 was unconstitutional insofar as it did not provide for judicial oversight over sales in execution against the immovable property of judgment debtors. In a judgment written by Justice Yvonne Mokgoro, the court found that sales in execution limited the debtor's constitutional right to housing and that the prevailing execution scheme was overbroad because it permitted such sales to proceed even in circumstances where they limited that right unjustifiably.
New Clicks South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; Pharmaceutical Society of South Africa and Others v Tshabalala-Msimang and Another NNO 2005 (2) SA 530 (C) is an important case in South African administrative law. However, note that this case went on appeal, first to the Supreme Court of Appeal and thereafter to the Constitutional Court, where the various judgments of Chaskalson, Ngcobo, Sachs, Moseneke and others had far-reaching effects on administrative law in South Africa. This article discusses the first hearing of this matter in the Cape Provincial Division. The final judgment is listed on SAFLII as Minister of Health and Another v New Clicks South Africa (Pty) Ltd and Others [2005] ZACC 14.
Volks NO v Robinson and Others is an important decision in South African family law and law of succession. In a majority judgment written by Justice Thembile Skweyiya, the Constitutional Court of South Africa dismissed a challenge to the constitutionality of the Maintenance of Surviving Spouses Act, 1990. The court held that it is not discriminatory for the Act to exclude the survivors of permanent life partnerships from the protections it extends to the survivors of legal marriages. Married couples are entitled to claim maintenance from their deceased spouse's estate because the institution of marriage creates unique reciprocal duties of support which do not exist between permanent life partners.
S v Jordan and Others is a decision of the Constitutional Court of South Africa which confirmed the constitutionality of statutory prohibitions on brothel-keeping and prostitution. It was handed down on 9 October 2002 with a majority judgment by Justice Sandile Ngcobo.
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997. The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner. Justice Richard Goldstone wrote for the majority.
In Doctors for Life International v Speaker of the National Assembly and Others, the Constitutional Court of South Africa held that Parliament and the provincial legislatures are constitutionally obliged to take reasonable steps to enable effective public participation in the legislative process in respect of every law passed. The court invalidated the Choice on Termination of Pregnancy Amendment Act, 2004 and the Traditional Health Practitioners Act, 2004 on the basis that the National Council of Provinces had not solicited public submissions on the laws before passing them.
Albutt v Centre for the Study of Violence and Reconciliation and Others is a 2010 decision of the Constitutional Court of South Africa which concerned a special presidential dispensation to pardon the perpetrators of politically motivated crimes committed during the apartheid era. The Constitutional Court held that the President of South Africa had contravened the Constitution in deciding not to consult the victims of those crimes before granting the pardons. The unanimous judgment was written by Chief Justice Sandile Ngcobo and delivered on 23 February 2010.
Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate succession. It was decided by the Constitutional Court of South Africa on 31 December 2021 with a majority judgment written by Justice Mbuyiseli Madlanga. A majority of the court upheld a challenge to the constitutionality of the Intestate Succession Act, 1981 and Maintenance of Surviving Spouses Act, 1990, holding that it was unfairly discriminatory to exclude the survivors of permanent life partnerships from the protections the acts extend to the survivors of legal marriages. Bwanya therefore overturned the holding in Volks v Robinson.
Prince v President of the Law Society of the Cape of Good Hope and Others is a 2002 decision of the Constitutional Court of South Africa in the area of criminal law. It concerned the constitutionality of criminalising cannabis given Rastafaris' constitutional right to freedom of religion. A majority of the court held that the Constitution did not obligate the state to exempt bona fide religious uses from statutory prohibitions against cannabis use and possession.
Phillips and Another v Director of Public Prosecutions, Witwatersrand Local Division and Others is a 2003 decision of the Constitutional Court of South Africa on the right to freedom of expression. The case concerned a statutory prohibition against obscene or nude performances, such as striptease, on premises where liquor was sold. In Justice Albie Sachs's summation, the question was "whether it is constitutionally permissible to prohibit the combination of tipples and nipples".
