complied with by the Applicants.
Being within my power I am prepared to overlook the shortcomings. What I did attempt to wring out of the parties was “a clear and succinct description of the constitutional issue” concerned. What they produced was the following, which was dated about a month after the filing of the founding papers, namely:
“… of die gemenereg sodanig ontwikkel is dat dit gewysig kan word deur huwelike van persone van dieselfde geslag te erken as regsgeldige huwelike in terme van die Huwelikswet 25 van 1961 op voorwaarde dat sodanige huwelik voldoen aan die formaliteitsvereistes soos uiteengesit in die Huwelikswet 25 van 1961.”
Making what must be considered as a generous assumption that this is a constitutional issue I permitted the amicus curiae to address me. This he did and in so doing exceeded the bounds as discussed and described in In Re certain amicus curiae applications, Minister of Health and Others v The Transport Action Campaign and Others 2002 (5) SA 713 (CC). He even attempted to amend the Applicants' notice of motion.
I can now turn to prayer 2 of the notice of motion quoted above. The Applicants seek a declaratory order. Such an order is catered for by section 19(1)(a)(iii) of the Supreme Court Act, 59 of 1959. This court has the power…:
| “(iii) | In its discretion and at the instance of any interested person, to enquire into and determine any existing, future or contingent right or obligation, not withstanding that such person cannot |
