Page:Du Toit v Minister of Welfare.djvu/22

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Skweyiya AJ

siblings is demeaning.[1] I accordingly hold that the impugned provisions limit the right of the first applicant to dignity.

The Guardianship Act

[30]As the applicants have succeeded in establishing that the provisions of the Child Care Act constitute an infringement of the rights protected by sections 28(2), 9(3) and 10 of the Constitution, so for the same reasons have they established that section 1(2) of the Guardianship Act constitutes an infringement of the Constitution. The provisions of the Guardianship Act are premised on the assumption that same-sex life partners cannot be joint guardians of children. That assumption arises, in particular, from the provisions of section 17 of the Child Care Act. For the same reasons that section 17 is in conflict with the Constitution, then, section 1(2) of the Guardianship Act is.

Limitations Inquiry

  1. See S v Makwanyane 1995 (3) SA 391 (CC); 1995 (6) BCLR 665 (CC) at para 84; Dawood, above n 16 at para 35; S v Mamabolo 2001 (3) SA 409 (CC); 2001 (5) BCLR 449 (CC) at para 41; Hoffmann, above n 24 at para 27; and National Coalition v Minister of Justice, above n 24 at para 28.