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	Constitutional Court of South Africa - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-21)
		The South African Constitutional Court was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993.
		The judgments of the court are based on the constitution, which is the supreme law of the land.
		The Constitutional Court is the highest court in the land for all constitutional matters.
	en.wikipedia.org /wiki/Constitutional_Court_of_South_Africa (894 words)

	South Africa’s Highest Court Strikes Down Sodomy Law
		The Constitutional Court of South Africa unanimously declared that both the common law crime of male homosexual sodomy and several statutes incorporating that crime for various purposes violate the new constitution of South Africa.
		The court held that all convictions of consensual sodomy dating back to the adoption of the interim constitution in 1993 are subject to invalidation.
		South Africa’s common law crime of sodomy was derived from English common law, dating from the reign of Henry VIII, when Parliament passed a sodomy statute to replace the church law that was terminated when the Catholic Church was disestablished by the English Reformation.
	www.sodomylaws.org /world/south_africa/sanews006.htm (1196 words)

	CNN.com - S. Africa court says convicted bomber's rights violated - May 29, 2001
		NEW YORK (CNN) -- South Africa's highest court ruled Monday that the extradition of one of the defendants convicted Tuesday in the embassy bombings trial was "unlawful." The decision is being sent to the U.S. District Court in Manhattan where all four defendants were found guilty on all 302 counts of conspiracy, murder and perjury.
		The Constitutional Court of South Africa ruled that Khalfan Khamis Mohamed's rights were violated when he was extradited to the United States in October 1999 without an assurance that prosecutors would not pursue capital punishment.
		South Africa abolished the death penalty in 1995 and its laws prohibit exposing anyone to the risk of execution through extradition or deportation, said Paul Setsetse, a Justice Ministry spokesman.
	archives.cnn.com /2001/LAW/05/29/bombings.south.africa (717 words)

	South Africa Partners -- South Africa -- Interview with Justice Albie Sachs
		Albie Sachs is a Justice of the Constitutional Court of South Africa.
		Ironically, the final Constitution was adopted by the Parliament sitting as the Constitutional Assembly and was then sent to my Court (Constitutional Court) to verify that the 34 principals had been complied with.
		Our Constitution quite explicitly insists that gay and lesbian partners in of South Africa be treated on the same basis as married husbands and wives.
	www.sapartners.org /sa/albiesachs.php3 (1476 words)

	Constitutional Court of South Africa - Law clerks (Site not responding. Last check: 2007-10-21)
		The Constitutional Court is the first in the history of South Africa to have law clerks for all judges.
		The Court recognises the value of diversity and ensures that the clerks are drawn from the spectrum of South Africa's cultural, racial and socio-economic groups, and that both sexes are represented.
		The Franklin Thomas Fellowship for Constitutional Court law clerks is a fellowship established in honour of Franklin Thomas, the former president of the Ford Foundation.
	www.concourt.gov.za /site/lawclerks/southafricanlawclerks.htm (1138 words)

	CONSTITUTIONAL COURT OF SOUTH AFRICA
		The adoption of this Constitution lays the secure foundation for the people of South Africa to transcend the divisions and strife of the past, which generated gross violations of human rights, the transgression of humanitarian principles in violent conflicts and a legacy of hatred, fear, guilt and revenge.
		He argued from this that what the makers of the Constitution must have contemplated was that the ordinary liability of the state, in respect of damages sustained by others in consequence of the acts of the servants of the state, remained intact, and was protected by section 22 of the Constitution.
		Such claims are confined, firstly, to those intrinsically cognizable by a court according to the laws in force at the time when the causes of action arose and, secondly, to the ones not yet extinguished or barred by prescription or the like in terms of a scheme consistent with the Constitution.
	www.doj.gov.za /trc/legal/azapo.htm (9880 words)

	South African Organizations Met During the 2002 Southern Africa Visit
		The Constitutional Court of South Africa will be built beside a former prison, originally built in 1893 as a fort by Boer President Paul Kruger in anticipation of an attack by the British.
		South African artists and galleries from all over the country have already donated paintings, sculpture and tapestry to show their support for the ideals of the Constitution.
		Nestling on the slopes of Devil's Peak, UCT is South Africa's oldest university, and is one of Africa's leading teaching and research institutions.
	www.synergos.org /gpcparlor/southernafrica/southafricaorganizations.htm (2782 words)

	History of the Constitution - Constitutional Court of South Africa (Site not responding. Last check: 2007-10-21)
		This, the South Africa Act, is passed by the British House of Commons, despite petitions and protests from the African majority.
		In February 1992 the NP accepts the ANC's demand for an interim government and the principles that a new South Africa be non-racial, non-sexist and democratic.
		These are the requirement of a two-thirds majority for the adoption of the text, compliance with 34 constitutional principles agreed to in the interim Constitution, and the adoption of a new constitution within two years.
	www.concourt.gov.za /text/constitution/history.html (3285 words)

	International Human Rights and the Proposed International Criminal Court
		Justice Goldstone is a member of the Constitutional Court of South Africa and the former Chief Prosecutor of the War Crimes Tribunals for Rwanda and the former Yugoslavia.
		The Constitutional Court unanimously held that this was a constitutional decision by the South African legislature.
		The Constitutional Court then said that given the realities of the abuses of the past, finding out what happened may be impossible unless the perpetrators know that when they admit what they did, they will not be punished.
	www.nyls.edu /pages/1035.asp (5404 words)

	SOUTH AFRICA CONSTITUTIONAL COURT
		The court ruled that high court judge Kathy Satchwell's lesbian partner should receive the same financial benefits as if she were a partner in a legally recognized heterosexual marriage.
		This Constitutional Court decision upheld a High Court ruling in July 2002 that found Kathy Satchwell, herself a high court judge, eligible to receive the same benefits for her lesbian partner that married spouses of heterosexual judges receive.
		The court ruled that twins born to a lesbian couple by means of artificial insemination held the same status as children born in wedlock.
	www.actwin.com /eatonohio/gay/sacc.html (916 words)

	Sirsi Corporation - News - Constitutional Court of South Africa Chooses Unicorn
		The Constitutional Court of South Africa was established in 1994 through the nation's first democratic constitution - the interim Constitution of 1993.
		Per the 1996 Constitution, the Court that was established in 1994 continues to hold office.
		The Court consists of 11 judges - nine independent men and two women whose duty is to uphold the law and the Constitution, which they must apply impartially and without fear, favor, or prejudice.
	www.sirsi.com /Sirsinews/20030421ccsa.html (567 words)

	Constitution of South Africa - Wikipedia, the free encyclopedia
		In terms of the interim constitution, the Parliament sitting as the Constitutional Assembly was required to produce a new constitution.
		In turn, the court was required to certify that the new constitution complied with the 34 constitutional principles agreed upon in advance by the negotiators of the Interim Constitution.
		South Africa is defined in this chapter as being a democratic, independent republic based upon the principles of protecting dignity, human rights and the rule of law.
	en.wikipedia.org /wiki/Constitution_of_South_Africa (657 words)

	BBC News \| Africa \| Gay rights win in South Africa
		The laws criminalising sex between men had remained on the statute books despite the post-apartheid constitution of 1994, which made South Africa one of the first countries in the world to outlaw discrimination on the basis of sexual orientation.
		The constitutional court's decision opens the way for gay men to seek compensation from the government if they faced charges during the period when the law and the constitution were at odds.
		The former South African military practised so-called "aversion therapy" on gay men, applying electric shocks to victims while they viewed images of naked men, a report on human rights abuses said last year.
	news.bbc.co.uk /2/hi/africa/190268.stm (319 words)

	Gay News From 365Gay.com
		The court was told that Kolver treated the Gory with contempt and that he tried to "bully him into submission" by selling the house three days after suggesting that if Gory did not like the arrangement he should go to court.
		The Pretoria court declared the Intestate Succession Act was unconstitutional because it failed to acknowledge both spouses and partners in permanent, same-sex life relationships with reciprocal duties of support.
		South Africa's Constitutional Court ruled last year that that it is unconstitutional to deny gay and lesbian couples the right to marry.
	www.365gay.com /Newscon06/07/072006saf.htm (457 words)

	Advocating the Elimination of Gender-Based Discrimination, University of Cape Town, South Africa (Site not responding. Last check: 2007-10-21)
		The U.S. Supreme Court, early on, expressed a complementary view: The judicial power of the United States, the Court said in 1816, includes cases "in the correct adjudication of which foreign nations are deeply interested.
		It determined that under South Africa's common law, a trial court has no jurisdiction to hear a case against a defendant when the State had acted lawlessly in apprehending him by participating in an abduction across international borders.
		The Court noted that "within the world community, the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved." (South Africa, of course, figures prominently in the worldwide disapproval, the Constitutional Court having held a decade ago that capital punishment in any case is unconstitutional.)
	www.supremecourtus.gov /publicinfo/speeches/sp_02-07b-06.html (3704 words)

	CNN.com - Gay couple wins S. Africa ruling - Dec 1, 2005
		In the 9-1 ruling issued Thursday, the court -- the country's highest -- referred the issue to South Africa's parliament, giving lawmakers one year to amend the country's marriage act.
		The second case before the court referred to the Gay and Lesbian Equality Project's challenge to the country's marriage act.
		The constitutional protection is a rarity on a continent where homosexuality is largely a taboo topic.
	www.cnn.com /2005/WORLD/africa/12/01/safrica.gaymarriage/index.html (494 words)

	In The Courts \| Constitutional Court Rules South Africa Must Supply Nevirapine to HIV-Positive Pregnant Women While ...
		South Africa's Constitutional Court today ruled that the government must provide nevirapine to HIV-positive pregnant women to reduce the odds of vertical HIV transmission while the court considers the government's appeal of a Pretoria High Court ruling requiring it to expand access to the drug through the public health system, SABCnews.com reports (SABCnews.com, 4/4).
		The government has appealed that ruling, and the Constitutional Court is expected to hear the appeal on May 2-3.
		However, on March 11 Botha issued an execution order telling the government it must provide the drug while its appeal to the Constitutional Court is pending.
	www.kaisernetwork.org /Daily_reports/rep_index.cfm?DR_ID=10421 (545 words)

	Constitutional Court of South Africa (Site not responding. Last check: 2007-10-21)
		The FXI argued that the protection of the trade mark must be interpreted in the light of the constitutional right to freedom of expression and hence allow parody as an instance of “fair use” that does not violate the anti-dilution provision.
		However, an interpretation of the section that conforms to the Constitution and the kind of society it envisions requires the one relying on the protection of the Act to show a real likelihood or probability of harm.
		The Court is of the view that it is not necessary to decide the question of parody in this case because no likelihood of economic harm has been shown.
	www.constitutionalcourt.org.za /site/laughitoff.html (1031 words)

	International Law In Brief - July 8-14, 2000
		In the absence of a German-South African extradition agreement, the President of South Africa consented to a German request for the extradition of Mr.
		The Court noted that in South Africa extradition is governed domestically by the provisions of the Act, (Para.
		After appealing unsuccessfully to the metropolitan magistrate and Divisional Court, the Appellant appealed to the U.K. House of Lords ("House"), arguing that as the custodial sentence had been completed extradition could not be based merely on the alleged breach of a condition of supervised release.
	www.asil.org /ilib/ilib0317.htm (879 words)

	Constitutional Court of South Africa (Site not responding. Last check: 2007-10-21)
		If you wish to receive notification of new judgements from the Constitutional Court, please go to the Constitutional Court's own website at: www.constitutionalcourt.org.za.
		Van der Spuy v General Council of the Bar of South Africa
		he questions raised by this case include whether, consistent with the constitutional right to privacy, legislation may authorise warrantless inspections of unlicensed premises for the purpose of obtaining evidence for criminal prosecution.
	concourt.law.wits.ac.za (384 words)

	The Courts in South Africa
		The head of the Constitutional Court is Chief Justice Pius Langa and the Deputy Chief Justice is Judge Dikgang Moseneke.
		The President of the Supreme Court of Appeal is the Honourable CT Howie and the Deputy President is the Honourable L Mpati.
		The High Court divisions have “jurisdiction” – the right to hear a case – over defined geographical areas in which they are situated, and the decisions of the High Courts are binding on magistrate’s courts within their areas of jurisdiction.
	www.capegateway.gov.za /afr/pubs/public_info/C/32303/E (1806 words)

	SSRN-The Constitutionalisation of Fair Labour Practices in South Africa by Dhaya Pillay
		The interpretation clauses in the Constitution, the Labour Relations Act of 1995 (LRA) and the Employment Equity Act of 1998 ensure that effect is given fully to the standards of the International Labour Organisation, to which South Africa was readmitted in 1995.
		For instance, two judges of the same division of the High Court, in cases involving the same parties, issued conflicting judgments, the one holding that there is and the other that there is not a Constitutional duty to bargain that applies to the Minister of Defence.
		The Constitutional Court itself has adopted the approach that the law is fair to both employers and workers in a way that there are no "underdogs".
	papers.ssrn.com /sol3/papers.cfm?abstract_id=638621 (656 words)

	South Africa to allow same-sex marriages
		South Africa’s Constitutional Court recently ruled that the country’s ban on same-sex marriages is unlawful and gave parliament one year to bring marriage laws into conformity with the constitution.
		South Africa’s constitution was introduced in 1996 following the collapse of apartheid.
		On the surface the South African struggle for same-sex equality is not all that different from what occurs in the United States with the Christian right and other reactionary elements providing an obstacle to progressive change.
	www.workers.org /2005/world/south-africa-1215 (427 words)

	AEGiS-AFROL: South African govt loses AIDS drug court case
		SOUTH AFRICA - The Constitutional Court of South Africa has ruled against the government, ordering it to start the immediate distribution of the drug Nevirapine to pregnant HIV-infected women.
		Patricia Lambert, an adviser to Tshabalala-Msimang, however told the South African Press Association (SAPA) the judgment was "workable." Tshabalala-Msimang and the ruling ANC party are controversially sceptical towards the effect of medicines in the treatment of HIV/AIDS and have demanded home-made proof of the effects of Nevirapine.
		Nevirapine is therefore distributed freely in three of South Africa's provinces, also in one ANC-led province (Gauteng).
	www.aegis.com /news/afrol/2002/AO020701.html (648 words)

	Home - Constitutional Court of South Africa (Site not responding. Last check: 2007-10-21)
		This court, the highest in South Africa on constitutional matters, was born of the country's first democratic Constitution in 1994.
		In an acclaimed new building at Constitution Hill, the 11 judges stand guard over the Constitution and protect everyone's human rights.
		Sould you wish to read the constitution in one of the other official languages, please click here.
	www.concourt.gov.za (82 words)

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