Page:NCGLE v Minister of Home Affairs.djvu/61

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

Ackermann J

“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 grounds of sexual orientation it discriminates against same sex-life partners”.[1]

The High Court suspended this order for a period of twelve months “from the date of confirmation of this order to enable Parliament to correct the inconsistency” and made the further orders quoted in paragraph 2 of this judgment.


  1. Id at 296 H.

61