decisions of this Court in cases like National Coalition for Gay and Lesbian Equality v Minister of Home Affairs,[1] Satchwell,[2] Du Toit[3] and J v Director-General, Department of Home Affairs[4] will not change. The same applies to the numerous other statutory provisions that expressly afford recognition to permanent same-sex life partnerships.[5] In the interim, there would seem to be no valid reason for treating section 1(1) of the Act differently from legislation previously dealt with by this Court by, inter alia, utilising the remedy of reading-in where it has found that such legislation unfairly discriminates against permanent same-sex life partners by not including them in the ambit of its application.
[29] It is true that, should this Court confirm paragraph 2 of the High Court order, the position after 1 December 2006 will be that section 1(1) of the Act will apply to both heterosexual spouses and same-sex spouses who “marry” after that date, if Parliament either fails to respond before the Fourie deadline or if it does enact legislation permitting same-sex couples to “enjoy the status and the benefits coupled with responsibilities it accords to heterosexual couples.” Unless specifically amended, section 1(1) will then also apply to permanent same-sex life partners who have undertaken reciprocal duties of support but who do not “marry” under any new dispensation. Depending on the nature and content of the new statutory dispensation
- ↑ Above n 20.
- ↑ Above n 20.
- ↑ Above n 20.
- ↑ Above n 25.
- ↑ See National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs above n 20 at para 37 n 41; para 37 n 42; Satchwell v President of the Republic of South Africa and Another above n 20 at para 32 n 27; para 32 n 22; Du Toit v Minister of Welfare and Population Development (Lesbian and Gay Equality Project as Amicus Curiae) above n 20 at para 32 n 33.
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