Page:NCGLE v Minister of Home Affairs.djvu/3

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Ackermann J

the Cape of Good Hope High Court (the "High Court")[1] (per Davis J, Conradie J and Knoll AJ concurring) in the form of the following order:

"1. That Section 25(5) of the Aliens Control Act 96 of 1991 is declared invalid to the extent that the benefit conferred exclusively on spouses is inconsistent with section 9(3) in that on the grounds of sexual orientation it discriminates against same sex life partners.
2. That the declaration of invalidity of section 25(5) is suspended for a period of twelve months from the date of confirmation of this order to enable parliament to correct the inconsistency.
3. That the exclusion of same sex life partners from the benefits conferred by section 25(5) of the [Act] constitute[s] special circumstances requiring the grant of an application for exemption made in terms of section 28(2) of the Act by a same sex life partner of a person permanently and lawfully resident in the Republic. This part of the order shall remain in force for as long as it takes parliament to correct the inconsistency.
4. That under section 172(2)(b) of the Constitution second and further applicants are exempted, in terms of section 28(2) of the Act, from the provisions of section 23 thereof.
5. No action may be taken against them in terms of the Act arising out of their living working or studying in the Republic.

That Respondents are to pay, jointly and severally the applicants' costs including


  1. The judgment is reported as National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others 1999 (3) BCLR 280 (C); 1999 (3) SA 173 (C). Subsequent references to this judgment will be to the BCLR report only.