similarly situated persons of the relief to which they are entitled under the Constitution. Second, the remedial question in the present case does not have the complexity of the remedial question in the Fourie case, nor does it present the kind of concerns which militated in favour of a remedy in Fourie which required Parliamentary consideration.
[25] Mr Gory counters the Starke sisters’ argument on the question of reading-in by pointing out that, despite repeated dicta of this Court to the effect that the legislative framework must be changed so as to accommodate same-sex life partnerships in a constitutionally acceptable manner,[1] Parliament has continued to deal with unfair discrimination against gays and lesbians on a piecemeal basis, often in response to court decisions. It thus remains to be seen whether Parliament will in fact enact any legislation by the Fourie deadline of 1 December 2006. Moreover, it is possible that any legislation which Parliament does enact in this regard may be susceptible to a court challenge. Any such legislation will not, as enacted, necessarily deal with the law of intestate succession. In any event, any change in the law pursuant to Fourie will not protect or vindicate the rights of Mr Gory and others in a similar situation, namely those gay and lesbian people whose permanent same-sex life partners have
- ↑ Thus, in J and Another v Director General, Department of Home Affairs, and Others above n 25 at para 23, this Court stated that –
“[c]omprehensive legislation regularising relationships between gay and lesbian persons is necessary. It is unsatisfactory for the Courts to grant piecemeal relief to members of the gay and lesbian community as and when aspects of their relationships are found to be prejudiced by unconstitutional legislation.”
Further at para 25, that “[t]he executive and the legislature are … obliged to deal comprehensively and timeously with existing unfair discrimination against gays and lesbians.”
17
