of Home Affairs and Another v Fourie and Another (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others.[1] In addition, it was contended that, while Mr Gory had made out a case for prospective relief, practical difficulties in connection with the administration of relevant deceased estates would result from retrospectivity of an order of constitutional invalidity. Thus, it was argued that any such order should be made to operate only prospectively, alternatively should not apply to those estates in which an executor has already been appointed.[2] The Minister did not, however, formally oppose Mr Gory’s application in the High Court. Nonetheless, the answering affidavit deposed to on her behalf in substance constituted submissions in opposition to the order sought by Mr Gory.
[6] The fourth and fifth respondents in the court below were a married couple to whom the executor had purported to sell the late Mr Brooks’ house in which he and the deceased were living at the time of his death. They did not oppose Mr Gory’s application and, as they also do not oppose the application for confirmation before this Court, they are not cited as respondents in these proceedings.
Proceedings before this Court
- ↑ 2006 (1) SA 524 (CC); 2006 (3) BCLR 355 (CC).
- ↑ In the absence of a testamentary executor, or if a person nominated to be a testamentary executor cannot be found, is dead, refuses or is incapacitated to act as executor, then an executor is appointed in accordance with the provisions of sections 18 and 19 of the Administration of Estates Act 66 of 1965.
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