Van Heerden AJ
a permanent same-sex life partnership in which the partners have undertaken reciprocal duties of support” is unconstitutional and invalid.
2.
It is declared that, with effect from 27 April 1994, section 1(1) of the Intestate Succession Act is to be read as though the following words appear therein after the word “spouse”, wherever it appears in the section: “or partner in a permanent same-sex life partnership in which the partners have undertaken reciprocal duties of support”.3.
In terms of section 172(1)(b) of the Constitution, the orders in the preceding two paragraphs of this order shall not invalidate any transfer of ownership prior to the date of this order of any property pursuant to the distribution of the residue of an estate, unless it is established that when such transfer was effected, the transferee was on notice that the property in question was subject to a legal challenge on the grounds upon which the applicant brought the present application.4.
If serious administrative or practical problems are experienced, any interested person may approach this Court for a variation of this order.5.
It is declared that the applicant and the late Henry Harrison Brooks were, at the time of the death of Mr Brooks, partners in a permanent same-sex life partnership in which they had undertaken reciprocal duties of support.6.
It is declared that the applicant is the sole intestate heir of the late Henry Harrison Brooks.45
