- The appeal succeeds with costs.
- The order of the court below is set aside. In its place is substituted:
| ‘(1)
|
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It is declared that:
| (a)
|
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In terms of sections 8(3), 39(2) and 173 of the Constitution, the common law concept of marriage is developed to embrace same-sex partners as follows: ‘Marriage is the union of two persons to the exclusion of all others for life.’
|
| (b)
|
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The intended marriage between the appellants is capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act 25 of 1961 are complied with.
|
|
| (2)
|
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The respondents are ordered to pay the applicants' costs.’
|
Concur:
Mthiyane JA
Van Heerden JA
Ponnan AJA
