Quote of the week

Mr Zuma mistakenly assumes that loyalty to the ANC is synonymous with loyalty to him. His assumption is both factually and constitutionally untenable. Falsely or erroneously, Mr Zuma believes that his recall as President was against the wishes of the ANC. However, it was the ANC NEC itself that insisted on Mr Zuma resigning as President of South Africa. Furthermore, it is not only the wishes of the ANC that matter. Mr Zuma offers no evidence that the people of South Africa were opposed to his recall. The people have an interest in what goes on in the ANC not least because it is the majority governing party.

Judge Pillay
Hanekom v Zuma (D6316/2019) [2019] ZAKZDHC 16 (6 September 2019)
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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