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The National Coalition for Gay and Lesbian Equality v The Minister of Home Affairs
South Africa Constitutional Court
1999 (1) SA 6 (1999)
- Written by John Reeves, JD
Facts
The National Coalition for Gay and Lesbian Equality (NCGLE) (plaintiff) brought suit against the minister of Home Affairs (the minister) (defendant) seeking a declaration that a law criminalizing sexual relations between men was unconstitutional. The law did not criminalize sexual relations between women. Nor did the law criminalize sexual relations between people of different sexes. NCGLE argued that the law violated the South African constitution’s guarantee of equality under the law to all and the constitution’s forbidding of discrimination on the basis of sexual orientation.
Rule of Law
Issue
Holding and Reasoning (Ackermann, J.)
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