CCT40/01

[2002] ZACC 20

2002 (10) BCLR 1006 (CC)

2003 (2) SA 198 (CC)

Skweyiya AJ

9 May 2002

10 September 2002

http://hdl.handle.net/20.500.12144/2125

Application to Constitutional Court for confirmation of and order of statutory invalidity made by the Transvaal High Court. TPD judgment is reported as Du Toit and Another v Minister of Welfare and Population Development and Others 2001 (12) BCLR 1225 (T).

Right of same sex life partners to jointly adopt children. In a unanimous decision written by Skweyiya AJ the Court found that the infringed provisions of the Child Care Act and Guardianship Act discriminate on the grounds of sexual orientation and marital status. In addition, the dignity right of one of the applicants was found to be infringed because of the denial of her as a parent. Lastly, the legislation was found to infringe the principle of the paramount importance of a child's best interests.