Key court judgements relating to homosexual rights in South Africa

Homosexuals have already gained many of the 'rights' normally given only to married couples in a set of previous court judgments.

Langemaat v Minister of Safety & Security (1998 case)
– Medical Aid Schemes found to be unconstitutional to the degree that they did not take into consideration the duty of support between gay and lesbian couples

National Coalition for Gay & Lesbian Equality v Minister of Home Affairs (1999 case)
– found the criminalisation of sodomy to be unconstitutional

National Coalition for Gay & Lesbian Equality v Minister of Home Affairs (2000 case)
– found the Aliens Control Act to be unconstitutional to the degree that it drew a distinction between spouses and partners of gays and lesbians for the purposes of residency/citizenship and entry into South Africa

Satchwell v President of the Republic (2002 case)
– found the Judges Remuneration Act to be unconstitutional to the degree that it drew a distinction between spouses and the partners of gays when it came to the question of benefits

Du Toit v Minister of Welfare
legalized gay adoption

J v Director General: Department of Home Affairs (2003 case)
found it unconstitutional to not entitle lesbian partners to automatic parental rights of the children that their partners had given birth to through artificial insemination

Du Plessis v Road Accident Fund (2004 case):
extended benefits based on the duty of support in road accident fund cases to gay and lesbian couples.