Page:Du Toit v Minister of Welfare.djvu/7

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Skweyiya AJ
 



subject to specified procedures, and any reference to a husband, wife, widower, widow, divorced person, married person or spouse shall be construed accordingly”. See in this regard section 2 of the Recognition of Customary Marriages Act 120 of 1998 which provides that for all purposes a duly contracted customary marriage will be recognised as a marriage. See also National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others 2000 (2) SA 1 (CC); 2000 (1) BCLR 39 (CC) at paras 25–6 where this Court held that the term “spouse” and the use of the word “marriage” in the context of the Aliens Control Act 96 of 1991 referred only to marriages ordinarily recognised by South African law. See also Satchwell v The President of the Republic of South Africa and Another, CCT 45/01, an as yet unreported decision of this Court, dated 25 July 2002 at para 9.

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