Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
20 December 2006

Same-sex relationships around the world

I recieved an email from prof Kees Waaldijk who sums up the situation regarding the legal recognition of same-sex partnerships at national level as follows:

  • Marriage has been opened up to same-sex couples in Belgium, Canada, Netherlands, Spain (since December 2006), South Africa, and in one state of the United States of America.
  • A form of registered partnership for same-sex couples (and sometimes also for different-sex couples) carrying some, most or all legal consequences of marriage, has been introduced in Andorra, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greenland, Iceland, Luxembourg, Netherlands, New Zealand, Norway, Slovenia, Sweden, Switzerland (from January 2007), United Kingdom, Uruguay?, and in parts of Argentina, Australia, Brazil, Canada, Mexico, Spain, and the United States of America.
  • Informal cohabitation of same-sex partners has become legally recognised (at least for some legal purposes) in most of the jurisdictions mentioned above, and also in several other, including Austria, Brazil, Colombia, Croatia, Hungary, Israel, Portugal, and parts of Australia, Italy and the United States of America.
  • For various practical purposes a foreign same-sex marriage would be recognised in Israel, and (probably) also in many of the countries that have introduced some form of registered partnership, but that have not opened up marriage. However (unlike Israel, after the judgement of its Supreme Court on 21 November 2006) most of these countries would not formally register a foreign same-sex marriage as ‘marriage’.
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