[10]The applicants' claim that their prospects of success on appeal are high in the light of prior decisions of this Court on permanent same-sex partnerships.[1] Although their application was unsuccessful before the High Court, leave was granted for their appeal to lie to the SCA. Even if I assume in the applicants' favour that there are prospects of success on appeal, the matter does not end there for prospects of success are not necessarily decisive in determining whether it is in the interests of justice for an appeal to be entertained directly by this Court.[2] To that end, all other relevant factors must be brought into consideration.
[11]The applicants do not seek a declaration that any of the provisions of the legislation dealing with the solemnising or recording of marriages is inconsistent with the Constitution, or if any is, what the appropriate relief would be in that regard. Nor do they address all the consequences that would flow from the recognition of such a union or how it should be dissolved. Nor do they challenge the legislation dealing with the solemnising and recording of marriages or the legislation dealing with the consequences and dissolution of marriages. Nor do they claim substantive relief directed at the need to regulate all the consequences of same-sex relationships and their dissolution. However, whether the claim as formulated by the applicants is appropriate and sufficient to secure effective relief for them if they were to succeed, is
- ↑ See National Coalition for Gay and Lesbian Equality and Others v Minister of Justice and Others 1999 (1) SA 6 (CC); 1998 (12) BCLR 1517 (CC); 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); Satchwell v President of the RSA and Another 2002 (6) SA 1 (CC); 2002 (9) BCLR 986 (CC); Du Toit and Another v Minister for Welfare and Population Development and Others 2003 (2) SA 198 (CC); 2002 (10) BCLR 1006 (CC); J and Another v Director General: Department of Home Affairs and Others 2003 (5) BCLR 463 (CC).
- ↑ Fraser v Naude and Others 1999 (1) SA 1 (CC); 1998 (11) BCLR 1357 (CC) at para 7.
