The first is that South Africa has a multitude of family formations that are evolving rapidly as our society develops, so that it is inappropriate to entrench any particular form as the only socially and legally acceptable one.
The impact of the exclusion of lesbians and gays by the provision in question was to reinforce harmful and hurtful stereotypes. The impact of the exclusion of lesbians and gays by the provision in question was to reinforce harmful and hurtful stereotypes.
It signifies that their capacity for love, commitment and accepting responsibility is by definition Minister of posts and telegraphs v rasool worthy of regard than that of heterosexual couples.
The contrast between the past which it repudiates and the future to which it seeks to commit the nation is stark and dramatic. In the result, the only way the parties could marry would be under the auspices of a religious body that recognised same-sex marriages, and whose marriage formula was approved by the Minister of Home Affairs.
Several alternative arguments in support of this proposition were advanced by the state and the amici. It merely guaranteed to same-sex couples the right to establish their own forms of family life without interference from the state.
These issues are of importance not only to the applicants and the gay and lesbian community but also to society at large. The broad question of the right of same-sex couples to marry is already before us in the Fourie matter. The affidavit by Cardinal Napier asserts that marriage institutionalises and symbolises, as it has done across millennia and societies, the inherently procreative relationship between a man and a woman, and it should be protected as such.
The sting of past and continuing discrimination against both gays and lesbians was the clear message that it conveyed, namely, that they, whether viewed as individuals or in their same-sex relationships, did not have the inherent dignity and were not worthy of the human respect possessed by and accorded to heterosexuals and their relationships.
The need for comprehensive judicial regulation of their separation or divorce, or of devolution of property, or rights to maintenance or continuation of tenancy after death, is no different. The task of applying the values in the Bill of Rights to the common law thus requires the courts to put its faith in both the values themselves, as well as in the people whose duly elected representatives created a visionary and inclusive constitutional structure that offered acceptance and justice across diversity to all.
The courts understood the use words "wife or husband " to require that the spouses must be a man and a woman. The effect has been wounding and the scars are evident in our society to this day. Marriage and recognition of same-sex unions  I will now deal with the contention that respect for the traditional institution of marriage requires that any recognition of same-sex unions must be accomplished outside of the law of marriage.
Like many persons in their situation, they wanted to get married. If heterosexual couples have the option of deciding whether to marry or not, so should same-sex couples have the choice as whether to seek to achieve a status and a set of entitlements and responsibilities on a par with those enjoyed by heterosexual couples.
Others might wish to avoid what they consider the routinisation and commercialisation of their most intimate and personal relationships, and accordingly not seek marriage or its equivalence.
Their application to adduce further evidence was refused, but they were granted leave to make written submissions and Mr Smyth was authorised to address the Court orally. A study of the provisions of the Marriage Act makes it clear that it builds on the foundations laid by the Council of Trent in and by the States of Holland in These formalities make certain that it is known to the broader community precisely who gets married and when they get married.
Their application to adduce further evidence was refused, but they were granted leave to make written submissions and Mr Smyth was authorised to address the Court orally.
The Equality Project then applied for direct access to this Court to enable their challenge to the statute as well as to the common law definition of marriage to be heard together with the appeal and the cross-appeal relating to the SCA judgment in the Fourie case.
It is likewise demeaning to couples who commence such a relationship at an age when they no longer have the desire for sexual relations or the capacity to conceive.
They are part of the fabric of public life, and constitute active elements of the diverse and pluralistic nation contemplated by the Constitution. The Court pointed out that what was at issue was the need to affirm the character of the society as one based on tolerance and mutual respect.
There is no doubt, therefore, that a judgment by the High Court on the application made to it by the Equality Project would be of great assistance. Equality therefore does not imply a levelling or homogenisation of behaviour or extolling one form as supreme, and another as inferior, but an acknowledgement and acceptance of difference.
Such scrutiny establishes that the consequences of the total exclusion of same-sex couples from the solemnities and consequences of marriage are far from academic, as the following section shows. They asked for an order declaring that the law recognises their right to marry, and a mandamus ordering the Minister of Home Affairs and the Director-General to register their marriage in terms of the Marriage Act.
Thus, it would not be sufficient merely to deal with all the practical consequences of exclusion from marriage. They are both women. Their complaint has been that the law excludes them from publicly celebrating their love and commitment to each other in marriage.
The ordinary common law regime is one of community of property including profit and loss in terms of which the parties to a marriage share one joint estate which they manage jointly.
An earlier ruling by the Transvaal Supreme Court, Schlesin v. Furthermore, such failure represented an unjustifiable violation of their right to dignity in terms of section 10 of the Constitution. Bipolar by its very nature, the law of marriage is invoked both at moments of blissful creation and at times of sad cessation.
The broad question of the right of same-sex couples to marry is already before us in the Fourie matter.The Legacies of Law This highly original book examines the function of legal norms and Minister of Posts and Telegraphs v. Rasool AD Minister of the Interior v.
Harris (4)SA (A) Minister van Wet en Orde v. Matshoba (1)SA (A) Mokoena v. d) The Minister of Home Affairs and the Director-General of Home Affairs are ordered to pay the costs of the respondents, including the costs of two counsel, in the High Court, the Supreme Court of Appeal and in respect of the appeal heard in the Constitutional Court.
In Minister of Posts and Telegraphs v. Rasool, ADthe Appellate Division, with one very strong dissent, upheld such a doctrine when the Postmaster-General in the Transvaal divided post offices into sections for “Europeans” and “non-Europeans”.
Aug 23, · ↑ Thus in Minister of Posts and Telegraphs v Rasool ADwhich dealt with a challenge to a post office regulation requiring Europeans and non-Europeans to be attended to at separate counters, Stratford ACJ held that “[i]t would surely seem at first sight that the admission to equality of service destroys at once the idea of.
R. v. Lusv. [ intended such partiality or inequality in a wider sphere. For Parliament was, in the enablino section, concerned only with particular reservations of particular places or vehicles and not with the general regulation of a series or system of reservations; cf. sec.
In conferrino. the powers enumerated in sec. A 7 (1) (b). Rabbani, Mullah Mohammad (b.Pashmol, Kandahar province, Afghanistan - d. April 16,Rawalpindi, Pakistan), Afghan leader.
He was among the first wave of Taliban who swept into Kabul in Septemberdriving warring Islamic factions led by former defense chief Ahmad Shah Masood and Pres.
Burhanuddin Rabbani from the capital.Download