After three weeks of musing, the Department of Home Affairs has decided to approach the Constitutional Court about legalising gay marriages.
”We are filing our appeal today [Wednesday]. We are a very principled department and believe we cannot pre-empt the process,” said departmental spokesperson Nkosana Sibuyi.
He was responding to a Supreme Court of Appeal ruling on November 30 that declared that same-sex marriages should be legalised.
In taking the matter to the Constitutional Court, the department is essentially following due process, Sibuyi argued.
He emphasised that the department does not want to deny gay and lesbian people the respect, equality and dignity that is enshrined in the Bill of Rights.
”The department is also keenly aware that the equality clause in our Constitution prohibits discrimination on the basis of sexual orientation.”
However, the department does not feel able to change the legislation without thorough investigation, reporting back and discussion at a Cabinet and parliamentary level, he said.
This process is under way, and a report from the South African Law Reform Commission will be ready to be put before Cabinet in the first quarter of next year, Sibuyi promised.
However, ”the Department of Home Affairs feels that it is necessary to ask the Constitutional Court to pronounce on the matter, so that there is finality”, he said. — Sapa