Transgender Bill proposed in New Zealand

A transsexual MP in New Zealand, Georgina Beyer, has drafted legislation that will protect people who change their gender from discrimination. `The Human Rights (Gender Identity) Amendment Bill, reports the New Zealand Herald, provides for ‘gender identity’ to be included as one of the prohibited grounds of discrimination in section 21 of the Human Rights Act 1993. Under the Act, people are not allowed to discriminate on grounds such as race or sex.

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Maintenance problems still there despite Act

Despite the passing of the new Maintenance Act 99 of 1998, mothers are still struggling to obtain maintenance from the fathers of their children. So says a report on the Mail & Guardian Online site, which examines the problems experienced by women who have to resort to legal action at the Johannesburg Family Court. In terms of the Act garnishee orders can be obtained, but even this is problematic. Bhekinkosi Moyo of Tshwaranang Legal Advocacy Centre, says her research has shown that 33% of respondents ordered to pay by emolument orders had changed jobs. No sooner had garnishee orders been implemented than the respondent left the company and the process of tracking him down and getting another order had to start afresh.

 

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ConCourt rules customary inheritance laws unconstitutional

In a landmark ruling, the Constitutional Court has confirmed that the SA customary law rules relating to intestate succession are unconstitutional and discriminatory. The court also confirmed that the entire statutory scheme governing deceased estates of black persons is unconstitutional and discriminates on the basis of race, birth and gender. Michelle O’Sullivan, director of the Women’s Legal Centre, who acted for applicants, Nontupheko Bhe and her two children, Nonkululeko and Anelisa, says: ‘The Constitutional Court ruling strikes down the racist apartheid statutory scheme for deceased estates of black person, as well as the African customary law rule of primogeniture, to the extent that it excludes or hinders women or extra-marital children from inheriting property. A News24 report says the ruling follows a ruling by the High Court in the Cape and Transvaal Provincial Divisions that the pre-1994 Black Administration Act, laws on the administration of black deceased estates, and a provision of the Intestate Succession Act are unconstitutional.
Full report on News24 site

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Mid-air gay kiss subject of damages claim

The High Court in Cape Town will begin a hearing today before Judge Dennis Davis to decide whether a claim by a gay man, who alleges British Airways employees discriminated against him on the grounds of his sexual orientation, can continue. Neal Vincent Potgieter, of Green Point, his partner and Potgieter's mother flew from Cape Town to London with British Airways in 2000. A report in Die Burger says that according to the Transformative Human Rights Unit, a human rights organisation, Potgieter and his partner kissed each other shortly after flight attendants woke them up ‘in a normal way that any person would have accepted had it happened between two heterosexual people’. Flight attendants asked Potgieter on two occasions not to kiss his partner. The men regarded the requests as discriminatory. An altercation broke out, and the men refused to fasten their seat belts during landing. They were arrested on arrival, and Potgieter, who was held for four days, was fined £4 000 for breaking aviation regulations. He is claiming R1.6m from British Airways.
Full report in Die Burger

 

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New laws to deal with increase in child pornography

There has been a marked increase in child pornography in SA in the past year, according to police specialists. Senior Superintendent Anneke Pienaar said it was impossible to determine the extent of the problem, according to a report on the IoL site. She was speaking at a meeting to announce amendments to the Film and Publications Act. Pienaar said the Act had proved inadequate in dealing with the increase in incidents of child pornography reported, making the amendments necessary. The amendments increased the minimum sentence on conviction from five to 10 years where Home Affairs Deputy Minister Malusi Gigaba said the amendments, which were awaiting the president's signature, also included the right to arrest a South African suspected of dealing in or with child pornography anywhere in the world. ‘This means if the person is suspected of being involved in child pornography outside of South Africa, we can arrest him. It does away with the long-winded extradition process,’ he said.
Full report on the IoL site

 

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