The Human Rights Commission has welcomed the government's decision to challenge the Supreme Court of Appeal ruling on same-sex marriages, with the chairman of the commission, Jody Kollapen, saying the appeal would remove any uncertainty about the ruling. A report in the Daily News says Kollapen's reaction came after the Department of Home Affairs lodged an appeal with the Constitutional Court challenging the November judgment, which said gay unions should be recognised in law. Full report in the Daily News
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Critically-needed child justice and s exual offences legislation that has been in limbo for almost a year remains a priority for her department, Justice Minister Brigitte Mabandla says. A Business Day report says the issue of sexual offences and the protection of children has been thrown into sharp focus in recent weeks because of the SAPS uncovering child sex rings across the country. Some believe that if the sexual offences Bill was on the statute books it would have made it easier to prosecute the ‘customers’ of child s exual services as well as those guilty of trafficking. Full report in Business Day
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Rich husbands and wives in Britain who wish to protect their fortunes from the lottery of the divorce courts could soon be able to take advantage of US-style pre-nuptial agreements, says a report in The Independent. A long-awaited report published by an influential group of family lawyers calls on the government to make 'pre-nup' contracts binding on divorce settlements. The change in the law would put British couples on the same footing as American couples who are able to state exactly what happens to their assets after separation. Demand for pre-nuptial agreements in this country has soared after a number of a high-profile divorces.
Gay couples will not be able to have their marriages legally recognised as yet, as a great deal of legislative amendments have to be put in place before it can happen, according to Jan Stemmet, the co-chairperson of the Law Society of SA. The Supreme Court of Appeal has ruled that the intended marriage between Marie Fourie and Cecilia Bonthuys is capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act are complied with. SABC News reports that the Acts that will have to be amended are the Marriage Act and related Matrimonial Property Act, the Administration of Estates Act and the Insolvency Act as a result of the court ruling. Stemmet suggested that it may take six months to a year for legislation to be passed. Full report by SABC News
There has been strong reaction to the court ruling approving same-s ex marriages. The Reverend Molefi Tsele, general secretary of the South African Council of Churches, expressed disappointment at the ruling but said the council would have to live with the decision as it was based on the constitution, say reports in The Star and on the News24 site. The Southern African Catholic Bishops' Conference said the ruling contradicted the law of God. Its president, Cardinal Wilfrid Napier, said: 'It shows that majority opinions are not always the correct ones. It also shows man-made laws can be contradictory to God's.'
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Five Appeal Court judges have ruled that no court may refuse to hear a mentally disabled person's testimony, reports Beeld. This landmark ruling was a unanimous decision by a full Bench of appeal judges who ruled that the case of a man must be reheard after he was acquitted of raping a mentally disabled teen because of a lack of evidence. During the trial of Sidney Katoo in the Port Elizabeth High Court, the judge refused the State's request to allow the mentally disabled 16-year-old rape victim to testify. The judge at the time used a stipulation in the Criminal Procedure Act that states that mentally disabled witnesses may not testify. But the Appeal Court judges ruled that mental disability alone could not be used to stop people from testifying. The only time a witness could be rejected on these grounds was if the person's condition was of such a nature that he or she was unable to understand the court proceedings or the importance of an oath. The judges also gave the State permission to again charge Katoo with rape, despite an earlier acquittal. Full report by Beeld on News24 site
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