Fourie and Another v Minister of Home Affairs and Another (CCT25/03) [2003] ZACC 11; 2003 (5) SA 301 (CC); 2003 (10) BCLR 1092 (CC) (31 July 2003)

Fourie and Another v Minister of Home Affairs and Another (CCT25/03) [2003] ZACC 11; 2003 (5) SA 301 (CC); 2003 (10) BCLR 1092 (CC) (31 July 2003)

The Constitutional Court refused leave to appeal directly from the High Court, holding that the dismissal of the application did not constitute a decision on a constitutional matter, as the applicants did not challenge the statutory infrastructure or seek development of the common law to recognize same-sex marriage. The Court found that the appeal raised complex issues of legal conformity between common law, statutory rules, and the Constitution, which are best considered first by the Supreme Court of Appeal due to its expertise in developing the common law. The interests of justice did not warrant bypassing the SCA, and the applicants had already been granted leave to appeal to the SCA...

Citation
[2003] ZACC 11
Parties
Applicant: Marie Adriaana Fourie; Applicant: Cecelia Johanna Bonthuys; Respondent: Minister of Home Affairs; Respondent: Director General: Home Affairs
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
31 July 2003
Case Number
CCT25/03
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Directly to the Constitutional Court From the Pretoria High Court
Outcome
Application for leave to appeal directly to the Constitutional Court refused.
Judges
Moseneke, Chaskalson, Langa, Goldstone, Madala, Mokgoro, Ngcobo, O'Regan, Yacoob
Legal Topics
Marriage Equality, Bill of Rights Limitation, Direct Access, Development of Common Law
Constitutional Law Family and Children Marriage Equality Bill of Rights Limitation Direct Access Development of Common Law

Case Brief

Summary, issues, holding and outcome

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Parties

Marie Adriaana Fourie

Applicant

Cecelia Johanna Bonthuys

Applicant

Minister of Home Affairs

Respondent

Director General: Home Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Directly to the Constitutional Court From the Pretoria High Court

Legal Issues

  1. 1 Whether the dismissal of the application by the High Court constituted a decision on a constitutional matter.
  2. 2 Whether it is in the interests of justice for the appeal to be heard directly by the Constitutional Court.
  3. 3 Whether the applicants' claim required development of the common law and statutory infrastructure to permit same-sex marriage.

Ratio Decidendi

The Constitutional Court refused leave to appeal directly from the High Court, holding that the dismissal of the application did not constitute a decision on a constitutional matter, as the applicants did not challenge the statutory infrastructure or seek development of the common law to recognize same-sex marriage. The Court found that the appeal raised complex issues of legal conformity between common law, statutory rules, and the Constitution, which are best considered first by the Supreme Court of Appeal due to its expertise in developing the common law. The interests of justice did not warrant bypassing the SCA, and the applicants had already been granted leave to appeal to the SCA...

Court Disposition

Application for leave to appeal directly to the Constitutional Court refused.

Orders

  • The application for leave to appeal directly to the Constitutional Court from the decision of Roux J in the Pretoria High Court is refused.
  • No order as to costs is made.