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He immediately proceeded to consider whether the offence of sodomy was justified under section 36 of the 1996 Constitution, without expressly considering the question whether, notwithstanding the presumption under section 9(3), it had been established that the discrimination was fair.can be offered.”  Heher J’s approach to the common law offence of committing an unnatural sexual act was different.(4) Prima facie proof of discrimination on any of the grounds specified in subsection (2) shall be presumed to be sufficient proof of unfair discrimination as contemplated in that subsection, until the contrary is established.” (2) Equality includes the full and equal enjoyment of all rights and freedoms."I put out a Christmas song with Shania Twain—one of my all-time favorites," he shared with E!"And I also have a song for an animated movie coming out this host asked Lovato if she’d ever dated any of the Jonas Brothers, “Umm, maybe,” she said coyly.We are sure that there are a lot of talanted writers among you.CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 11/98THE NATIONAL COALITION FOR GAY ANDLESBIAN EQUALITY First Applicant THE SOUTH AFRICAN HUMAN RIGHTSCOMMISSION Second Applicantversus THE MINISTER OF JUSTICE First Respondent THE MINISTER OF SAFETY AND SECURITY Second Respondent THE ATTORNEY-GENERAL OF THEWITWATERSRAND Third Respondent (a) section 20A of the Sexual Offences Act, 1957; (b) the inclusion of sodomy as an item in Schedule 1 of the Criminal Procedure Act, 1977 (“Schedule 1 of the CPA”); and (c) the inclusion of sodomy as an item in the schedule to the Security Officers Act, 1987 (“the Security Officers Act Schedule”); 2.
As far as there being any rational connection between such differentiation and a legitimate government purpose, Heher J pointed out that if the differentiation was on one of the grounds listed in section 9(3) of the 1996 Constitution (in the present case on the ground of “sexual orientation”) it was presumed to be unfair (under section 9(5)). Disclaimer: All trademarks are the property of their respective owners.The facts, figures, reviews, records, stats, and other data presented on this page is for suggestion and information purposes only.Section 8 of the interim Constitution, (2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language.(3) (a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.The Centre for Applied Legal Studies was admitted as amicus curiae under rule 9, lodged heads of argument and was allowed to present oral argument before the Court. The CPA and various other statutes contain provisions linked to certain offences which are not expressly identified in such provisions, but are merely described as offences listed in Schedule 1 of the CPA.