Satchwell v. President of the Republic of South Africa and Another
South Africa Constitutional Court
13 B.H.R.C. 108 (2002)

- Written by Caitlinn Raimo, JD
Facts
Kathleen Satchwell (plaintiff) was a judge in a committed same-sex relationship with Leslie Carnelley. Satchwell and Carnelley lived together for years, were recognized as a family by their families and friends, and made financial arrangements for each other in the event of their deaths. Under the law, spouses of judges were entitled to benefits, including life insurance. Based on previous interpretations of the word “spouse,” the law afforded benefits only to those in heterosexual, legal marriages. Satchwell sued the president of the Republic of South Africa and the minister of justice and constitutional development (defendants), contending that the exclusion of unmarried and same-sex partners was discriminatory and inconsistent with the South African Constitution (the constitution), which espoused the right to equality.
Rule of Law
Issue
Holding and Reasoning (Madala. J.)
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