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Adjudicating Sexual Orientation Within a Constitutional Framework: A South African Criminal Law Perspective

Adjudicating Sexual Orientation Within a Constitutional Framework: A South African Criminal Law... CASE NOTE : A SOUTH AFRICAN CRIMINAL LAW PERSPECTIVE * I. INTRODUCTION We must recognize the full human equality of all our people – before God, before the law, and in the councils of government. We must do this not because it is economically advantageous – although it is; not because the laws of God and man command it – although they do command it; not because people in other lands wish it so. We must do it for the single and fundamental reason that it is the right thing to do. Robert Francis Kennedy Day of Affirmation Address, University of Cape Town, South Africa, 6 June 1966 South Africans have paid a high price for the indiscretions of the past. In recognising the injustices of our past, South Africa underwent radical constitutional change on 27 April 1994 with the commencement of the interim Constitution of 1993.1 Thereafter, on 8 May 1995, the Constitutional Assembly adopted the current Constitution of the Republic of South Africa,2 which had commenced on 4 February 1997. The new constitutional dispensation has given birth to a human rights culture; an advent which had a far-reaching influence on various facets of the law, including http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Adjudicating Sexual Orientation Within a Constitutional Framework: A South African Criminal Law Perspective

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
Subject
Case Note
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2006.14.1.120
Publisher site
See Article on Publisher Site

Abstract

CASE NOTE : A SOUTH AFRICAN CRIMINAL LAW PERSPECTIVE * I. INTRODUCTION We must recognize the full human equality of all our people – before God, before the law, and in the councils of government. We must do this not because it is economically advantageous – although it is; not because the laws of God and man command it – although they do command it; not because people in other lands wish it so. We must do it for the single and fundamental reason that it is the right thing to do. Robert Francis Kennedy Day of Affirmation Address, University of Cape Town, South Africa, 6 June 1966 South Africans have paid a high price for the indiscretions of the past. In recognising the injustices of our past, South Africa underwent radical constitutional change on 27 April 1994 with the commencement of the interim Constitution of 1993.1 Thereafter, on 8 May 1995, the Constitutional Assembly adopted the current Constitution of the Republic of South Africa,2 which had commenced on 4 February 1997. The new constitutional dispensation has given birth to a human rights culture; an advent which had a far-reaching influence on various facets of the law, including

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2006

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