[1]the Constitution;[2] secondly, a direct appeal to this Court would save substantial legal costs and provide a speedy and effective restoration of their constitutional rights to equality and dignity as well as the rights of other members of the homosexual community; thirdly, the equality and dignity jurisprudence of this Court has ripened to a stage where the prospects of success of their claim are high and the skill and experience of the SCA in developing the common law would be neither relevant nor necessary; and fourthly, this case raises important constitutional issues which deserve the attention of this Court to pronounce, in a holistic manner, on the constitutional rights of persons who are involved in permanent same-sex partnerships.
[6]The respondents have filed a notice of intention to oppose the present application.
The applicable test
[7]Section 167(6)[3] of the Constitution, read with Rule 18(6), governs when an appeal from a decision of any court other than the SCA may be brought directly to this
- ↑ Section 173 of the Constitution provides:
“The Constitutional Court, Supreme Court of Appeal and High Courts have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.”
- ↑ For this proposition the applicants place reliance on the case of Islamic Unity Convention v Independent Broadcasting Authority and Others 2002 (4) SA 294 (CC); 2002 (5) BCLR 433 (CC) at para 9–10 and 12.
- ↑ Section 167(6) provides:
