In the High Court of South Africa
(Transvaal Provincial Division)
Case No. 4928/2005
Date: 31/3/06
In the matter between
| Mark Gory | Applicant |
| and | |
| Daniel Gerhardus Kolver, N.O. | First Respondent |
| Henry Harrison Brooks | Second Respondent |
| Maryke Brooks | Third Respondent |
| Laeequ Eyssen | Fourth Respondent |
| Mogamat Sedick Eyssen | Fifth Respondent |
| Master of the High Court, Pretoria | Sixth Respondent |
| Minister of Justice and Constitutional Development | Seventh Respondent |
Judgment
Hartzenberg J:
[1]The applicant questions the constitutionality of section 1(1)[1] of the Intestate Succession Act, No 81 of 1987 ("the Act"). The applicant alleges that he was involved in a same-sex life partnership with the late son of the second- and third respondents ("the deceased"). He maintains that he and the deceased undertook reciprocal duties of support
- ↑ It reads: "(1) If after the commencement of this Act a person (hereinafter referred to as the 'deceased') dies intestate, either wholly or in part, and
- (a) is survived by a spouse, but not by a descendant, such spouse shall inherit the intestate estate;"
