Page:NCGLE v Minister of Home Affairs.djvu/88

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Ackermann J

(d) an amendment of their notice of appeal
are dismissed with costs, including the costs of two counsel, such costs to be paid by the respondents jointly and severally.
2. The appeal of the applicants succeeds and paragraphs 1, 2 and 3 of the order made by the High Court are set aside and replaced with the following:
2.1 the omission from section 25(5) of the Aliens Control Act 96 of 1991, after the word “spouse”, of the words “or partner, in a permanent same-sex life partnership,” is declared to be inconsistent with the Constitution;
2.2 section 25(5) of the Aliens Control Act 96 of 1991, is to be read as though the following words appear therein after the word “spouse”:
“or partner, in a permanent same-sex life partnership”.
3. The orders in paragraph 2 only come into effect from the moment of the making of this order.
4. Paragraphs 4, 5 and the costs part of the High Court order are confirmed.
5. The costs of the proceedings in this Court, including the costs of two counsel, are to be paid by the respondents, jointly and severally.

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