legislature to deal with the matter is not subject to the strict application of ‘guidelines’ such as those set forth in the Schachter case, with the result that this part of the Court of Appeal decision in the Halpern case is not applicable in this country.
[149]In the circumstances I am satisfied that this court should suspend the order it makes for a period to allow Parliament to deal with the matter in such a way as to bring an end to the unjustifiable breach of the appellants' rights to equality and human dignity. This would have the result that the appellants would be successful in putting a stop to the breach of those rights, either because Parliament will enact appropriate legislation to deal with the matter or, if it fails to do so (either because it enacts no legislation or because it enacts legislation which does not survive constitutional scrutiny[1]), because this Court's order would then come into operation.
[150]I would make an order allowing the appeal with costs and replacing it with an order declaring that the intended marriage between the appellants, provided the formalities set out in the Marriage Act 25 of 1961 are complied with, would be capable of being recognised as a legally valid marriage, but suspending this
- ↑ The constitutionality of the other options suggested by the Law Reform Commission was not argued before us and we are not in a position to pronounce thereon, even if it were appropriate for us to do so, which in my opinion it is not.
