Sachs J/O'Regan J
| d) | The declarations of invalidity in paragraphs (b) and (c) are suspended for 12 months from the date of this judgment to allow Parliament to correct the defects. | |
| e) | Should Parliament not correct the defects within this period, Section 30(1) of the Marriage Act 25 of 1961 will forthwith be read as including the words “or spouse” after the words “or husband” as they appear in the marriage formula. | |
| f) | The Minister and Director-General of Home Affairs and the Minister of Justice and Constitutional Development are ordered to pay the applicants' costs, including the costs of two counsel in the Constitutional Court. |
Langa CJ, Moseneke DCJ, Mokgoro J, Ngcobo J, Skweyiya J, Van der Westhuizen J and Yacoob J concur in the judgment of Sachs J.
O'Regan J:
[163]There is very little in the comprehensive and careful judgment of Sachs J with
which I disagree. I agree that the application for direct access should be granted. The
issues raised by the Equality Project are inextricably intertwined with the issues raised
in the application for leave to appeal and the decision on the application for leave to
appeal will inevitably determine many of the issues in the Equality Project
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