International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Homosexual Rights and the Law: A South African Constitutional Metamorphosis
Mr. Mwanawina Ilyayambwa

The jurisprudence of a nation or region has to accommodate the changes that are occurring in society, otherwise, the law would become irrelevant and redundant. The development of the South African Constitutional Jurisprudence is an example of this metamorphosis, from the creation of the Gay and Lesbians of the Witwatersrand (GLOW) in the 1980s, to the landmark case of National Coalition of Gay and Lesbian Equality and Others v Minister of Home Affairs and Others, trickling down to the 2010 decision of Hendrick Pieter Le Roux and others v Louis Dey. Underpinned by this background, this paper will give an analysis of the Constitutional status of homosexuality within South African law indicating the adequacy of the constitutional changes. It will also critique how the Louis Dey decision was an error in law. The paper will also highlight the international position on homosexuality.

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