Gay couples gather at ConCourt

2005-05-17 10:14

Johannesburg - "We just want our marriage to be recognised legally - we have already married in church," said Charles January on Tuesday ahead of a Constitutional Court application relating to same sex marriage.

January and his spouse, Crosby Ndimande January, were married in Kwa-Thema on the East Rand in 2002.

"We married on the 13th of January," he said.

"So far it has been all right," laughed Charles, holding a poster written in Zulu demanding the right to marriage.

A small group of protestors sang outside the court, some carrying posters, including one saying: "Gay Sangomas Demand Right to Marry".

The National House of Traditional Leaders is currently seeking opinions nationally on the issue.

A woman who wanted to be identified only as Joan told an earlier press briefing that she just wanted to tell the world that she and her partner were a couple.

'Eish'

"When I was born in this country, I was given the right to be married. Now because I'm gay I don't have that right."

Donna Smith from the Forum for the Empowerment of Black Women said that when she and her partner went to the department of home affairs to fill in marriage forms, a "baffled" official could only say "Eish" when asked who should fill in the husband and wife sections.

The court will hear an application to appeal a Supreme Court of Appeal ruling that the common law should be developed to allow same sex marriage.

The department of home affairs believes that the rules relating to the separation of powers mean that only parliament can develop the law.

Common law is developed by judges' rulings which set precedents.

- SAPA