Mister of Home Affairs and Another v. Fourie and Another; Lbian and Gay Equaly Project and Eighteen Others v. Mister of Home Affairs and Others, Constutnal Court of South Ai (1 December 2005) | Internatnal Commissn of Jurists

Mister of Home Affairs and Another v Fourie and Another; Lbian and Gay Equaly Project and Others v Mister of Home Affairs and Others, is a landmark cisn of the Constutnal Court of South Ai which the urt led unanimoly that same-sex upl have a nstutnal right to marry. The judgment, thored by Jtice Albie Sachs and livered on 1 December 2005, gave Parliament one year to pass the necsary legislatn. As a rult, the Civil Unn Act me to force on 30 November 2006, makg South Ai the fifth untry the world to regnise same-sex marriage. The se was heard on May 17, 2005, by Langa ACJ, Madala J, Mokgoro J, Moseneke J, Ngbo J, O'Regan J, Sachs J, Skweyiya J, Yaob J and Van Der Wthuizen J. MTK Moerane SC appeared for the applints, P Oosthuizen for the rponnts, JJ Smyth QC for the first and send amici curiae, GC Pretori SC for the third amic curiae, DI Berger SC for the applints, and M Donen SC for the rponnts. In the Fourie se, the applints' unsel was stcted by the State Attorney, and the rponnts' by M. van n Berg. The third amic curiae was stcted by Motla Conradie. In the Lbian and Gay Equaly Project se, the applints' unsel was stcted by Nicholls, Cambanis & Associat, and the rponnts' by the State Attorney. The se ncerned applitns for leave to appeal and cross-appeal agast a cisn of the Supreme Court of Appeal upled wh an applitn for direct accs to the Constutnal Court .