/ 17 August 1999

JUDGEMENT ON GAY PARTNERS RESERVED

THE Constitutional Court reserved judgment on Tuesday in a case contesting the constitutionality of denying residency to gay foreigners in permanent relationships with South African partners. The National Coalition for Gay and Lesbian Equality is contesting a section of the Aliens Control Act which stipulates that only married people can obtain permanent residency for their foreign partners. The Act allows for the issuing of immigration permits only to a spouse or dependent child. Tuesday’s hearing before the Constitutional Court was brought by the Department of Home Affairs. It resulted from a Cape High Court judgment in January this year which found in favour of six gay couples whose foreign partners were not able to obtain permanent residency in the country.