Page:Minister of Home Affairs v Fourie.djvu/101

enable same-sex couples to achieve the status and benefits coupled with responsibilities which it presently makes available to heterosexual couples.

Costs

[162]The applicants in the cross-appeal and the applicants in the application for direct access to this Court, have both been substantially successful. It is appropriate that they should receive their costs, such costs to include the costs of two counsel.

The order

1. In the matter between the Minister of Home Affairs and the Director-General of Home Affairs and Marié Adriaana Fourie and Cecelia Johanna Bonthuys, CCT 60/04, the following order is made:

a)

The application for leave to appeal against the judgment of the Supreme Court of Appeal by the Minister of Home Affairs and the Director-General of Home Affairs is granted.

b)

The application for leave to cross-appeal against the judgment of the Supreme Court of Appeal by Marié Adriaana Fourie and Cecelia Johanna Bonthuys is granted.

c)

The order of the Supreme Court of Appeal is set aside and replaced by the following order:

(i)

The common law definition of marriage is declared to be inconsistent with the Constitution and invalid to the extent that it does not permit