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
10 November 2006

Weird Civil Union compromise

The compromise Civil Union Bill, devised by the ANC study group and approved by the Home Affairs Porfolio Committee yesterday, is a weird piece of legislation. It creates a Civil Union open to anyone which can be “registered by way of either marriage or a civil partnership”.

This means that heterosexuals will be able to get married either via the Marraige Act or the Civil Union Bill while homosexuals can only get married via th elatter legislation. But for anyone who, for some bizarre reason or another, wishes not to get married but to conclude a civil partnership only, the Civil Union Bill will be the only legislation that one could rely on.

Obviously those in the ANC who wanted to adhere to the Constitutional Court judgement and who understood that anything less than marriage for same-sex couples would not do, managed to convince the Johnny De Lange’s of the world to explicitly provide for “marriage” in the Bill. But in return they had to the ridiculous option of either registering a civil partnership or a marriage.

How many people will actually register a civil partnership instead of a marriage? Can’t imagine who would do such a thing.

But perhaps the new version will pass constitutional muster because it does provide for same-sex marriage, albeit in a seperate law. But because the law is open to all – not just same-sex couples, and because it allows same-sex couples to register a marriage, it probably provide for the protection of same-sex relationship in a sufficient manner.

Section 6, however, is most probably unconstitututional. It allows non-religious marraige officers from refusing to solmnisise a marriage for religious reasons. Poor same-sex couples in small conservative towns will find it difficult to get anyone to marry them. Surely its not acceptable.

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