The National Coalition for Gay and Lesbian Equality (“Applicants”) requested a declaratory judgment from the Witwatersrand High Court on the unconstitutionality of sodomy.  The High Court declared the common law offense of sodomy and unnatural sexual acts between men unconstitutional. Under Section 172(2)(a) of the Constitution of South Africa, the Minister of Justice brought the case before the Constitutional Court for confirmation of the High Court’s declaration.