South Africa Case Law

Du Toit and Another v Minister of Welfare and Population Development and Others (CCT40/01)

Du Toit and Another v Minister of Welfare and Population Development and Others (CCT40/01) [2002] ZACC 20; 2002 (10) BCLR 1006 ; 2003 (2) SA 198 (CC) (10 September 2002)

Court

Constitutional Court

Case number

CCT40/01

Judges

Skweyiya, Chaskalson, Langa, Ackermann, Du Plessis, Goldstone, Kriegler, Madala, Ngcobo, O'Regan, Sachs

The Constitutional Court held that the exclusion of same-sex life partners from joint adoption and guardianship under the Child Care Act and Guardianship Act constitutes unfair discrimination on the grounds of sexual orientation and marital status, violating sections 9(3), 10, and 28(2) of the Constitution. The impugned provisions fail to accord paramountcy to the best interests of the child, as they deprive children of the possibility of a loving and stable family life with suitable same-sex parents. The Court found no justification for these limitations under section 36. The appropriate rem…

Source excerpt

• Equality Clause
• Best Interests Of Child
• Joint Adoption
• Same Sex Partnerships
• Reading In Remedy
• Human Dignity