Page:NCGLE v Minister of Home Affairs.djvu/4

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Ackermann J

the cost of two counsel."

[3]⁠This order was made pursuant to an application by the fourteen appellants/applicants (hereinafter referred to as the "applicants") against the three respondents, namely the Minister, the Deputy Minister and the Director-General of Home Affairs (hereinafter referred to collectively as the "respondents" and individually as the "Minister", the "Deputy Minister" and the "DG" respectively) in which the applicants sought an order in the following terms:

"1 Reviewing and setting aside or correcting the decision of the First Respondent to deny the Seventh Applicant an extension of the exemption granted on 23 April 1997 in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991, as amended, in consequence of his abiding same-sex relationship with the Thirteenth Applicant; and

2 Reviewing and setting aside or correcting the decision of the First Respondent to deny the Second to Sixth Applicants an exemption in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991, as amended, in consequence of their abiding same-sex relationships with the Eighth to Twelfth Applicants respectively; and

3 Reviewing and setting aside or correcting the decision of the First Respondent, alternatively the Third Respondent, that special circumstances no longer exist in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991 as amended, to accommodate the same-sex life partners of South African citizens involved in committed relationships; and

4 Directing the Third Respondent to accept, process and refer the applications of the Second to Seventh Applicants for an immigration permit in terms of section 25(2) of the Aliens Control Act, Act 96 of 1991 as amended on terms no less favourable than those applicable to married couples under Section 25 of the Act, to the appropriate Immigrants Selection Board for consideration;

5 Declaring section 25 of the Aliens Control Act, Act 96 of 1991 as amended, to be inconsistent with the provisions of the Constitution of the Republic of South Africa Act, Act 108 of 1996, and therefore invalid to the extent of its

4

"1		Reviewing and setting aside or correcting the decision of the First Respondent to deny the Seventh Applicant an extension of the exemption granted on 23 April 1997 in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991, as amended, in consequence of his abiding same-sex relationship with the Thirteenth Applicant; and
2		Reviewing and setting aside or correcting the decision of the First Respondent to deny the Second to Sixth Applicants an exemption in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991, as amended, in consequence of their abiding same-sex relationships with the Eighth to Twelfth Applicants respectively; and
3		Reviewing and setting aside or correcting the decision of the First Respondent, alternatively the Third Respondent, that special circumstances no longer exist in terms of section 28(2) of the Aliens Control Act, Act 96 of 1991 as amended, to accommodate the same-sex life partners of South African citizens involved in committed relationships; and
4		Directing the Third Respondent to accept, process and refer the applications of the Second to Seventh Applicants for an immigration permit in terms of section 25(2) of the Aliens Control Act, Act 96 of 1991 as amended on terms no less favourable than those applicable to married couples under Section 25 of the Act, to the appropriate Immigrants Selection Board for consideration;
5		Declaring section 25 of the Aliens Control Act, Act 96 of 1991 as amended, to be inconsistent with the provisions of the Constitution of the Republic of South Africa Act, Act 108 of 1996, and therefore invalid to the extent of its