Page:NCGLE v Minister of Home Affairs.djvu/29

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Ackermann J

unconstitutionally infringed is not that of the litigant in question but of some other person. Thus the second to the seventh applicants are entitled to rely on any unconstitutional infringement of any of the rights of the South African partners (the eighth to the thirteenth applicants) which has been brought about by the failure of the Act to grant any recognition to same-sex life partnerships. Obviously the South African partners may also invoke such infringement themselves.

The limitation by section 25(5) of the section 9 right to equality and the section 10 right to dignity

[30]Section 9 of the Constitution provides:


(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted

    1998 (7) BCLR 855 (CC); 1998 (4) SA 1157 (CC) at para 64.