Page:Du Toit v Minister of Welfare.djvu/12

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Skweyiya AJ


permanent same-sex life partnership jointly’ is inconsistent with the Constitution and invalid; and
1.2. section 17(a) of the Child Care Act 74 of 1983 is to be read as though the following words appear therein immediately after the word ‘jointly’:
‘or by the two members of a permanent same-sex life partnership jointly.’
2. It is declared that:
2.1. the omission from section 17(c) of the Child Care Act 74 of 1983 after the word ‘child’ of the words ‘or by a person whose permanent same-sex life partner is the parent of the child’ is inconsistent with the Constitution and invalid; and
2.2. section 17(c) of the Child Care Act 74 of 1983 is to be read as though the following words appear therein immediately after the word ‘child’:
‘or by a person whose permanent same-sex life partner is the parent of the child.’
3. It is declared that:
3.1. the omission from section 20(1) of the Child Care Act 74 of 1983 after the word ‘spouse’ of the words ‘or permanent same-sex life partner’ is inconsistent with the Constitution and invalid; and
3.2. section 20(1) of the Child Care Act 74 of 1983 is to be read as though the following words appear therein immediately after the word ‘spouse’:
‘or permanent same-sex life partner.’
4. It is declared that:
4.1. the omission from section 1(2) of the Guardianship Act 192 of 1993 after the word ‘marriage’ of the words ‘or both members of a permanent same-sex life partnership are joint adoptive parents of a minor child’ is unconstitutional and invalid; and
4.2. section 1(2) of the Guardianship Act 192 of 1993 is to be read as though
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