Page:NCGLE v Minister of Home Affairs.djvu/15

This page has been proofread, but needs to be validated.

Ackermann J

enables preferential treatment to be given to a foreign national[1] applying for an immigration permit who is “the spouse … of a person permanently and lawfully resident in the Republic”, but not to a foreign national who, though similarly placed in all other respects, is in a same-sex life partnership with a person permanently and lawfully resident in the Republic.


  1. The term “alien” to describe a non-citizen is outmoded and modern writings and international legislation use the term “foreign national” (see, J Baloro “Immigration and Emigration” in Joubert et al The Law of South Africa (Lawsa) first reissue (Butterworths, 1998) vol 11 para 39 footnote 1), which expression will be employed in this judgment to connote “alien” as defined in the Act.

15