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| (d)
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an amendment of their notice of appeal
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are dismissed with costs, including the costs of two counsel, such costs to be paid by the respondents jointly and severally. |
| 2.
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The appeal of the applicants succeeds and paragraphs 1, 2 and 3 of the order made by the High Court are set aside and replaced with the following:
| 2.1
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the omission from section 25(5) of the Aliens Control Act 96 of 1991, after the word “spouse”, of the words “or partner, in a permanent same-sex life partnership,” is declared to be inconsistent with the Constitution;
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| 2.2
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section 25(5) of the Aliens Control Act 96 of 1991, is to be read as though the following words appear therein after the word “spouse”:
“or partner, in a permanent same-sex life partnership”.
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| 3.
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The orders in paragraph 2 only come into effect from the moment of the making of this order.
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| 4.
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Paragraphs 4, 5 and the costs part of the High Court order are confirmed.
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| 5.
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The costs of the proceedings in this Court, including the costs of two counsel, are to be paid by the respondents, jointly and severally.
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