unjustifiable violation of their right to equal protection of the law under section 9(1), and not to be discriminated against unfairly in terms of section 9(3) of the Constitution. Furthermore, and for the reasons given in Home Affairs, such failure represents an unjustifiable violation of their right to dignity in terms of section 10 of the Constitution.[1] As this Court said in that matter, the rights of dignity and equality are closely related.[2] The exclusion to which same-sex couples are subjected, manifestly affects their dignity as members of society.
III. Remedy
[115]A notable and significant development in our statute law in recent years has been the extent of express and implied recognition that the legislature has accorded to same-sex partnerships. Yet as Ackermann J pointed out in Home Affairs, there is still no appropriate recognition in our law of same-sex life partnership, as a relationship, to meet the legal and other needs of its partners.[3] Since Home Affairs was decided a number of other statutes have been adopted, the ambit of which clearly include same-sex life partnerships. In some cases there is express reference to the inclusion of same-sex relationships, in others the term ‘life partner’ or ‘partner’ is used.[4] They
- ↑ I do not find it necessary to consider whether it in addition constitutes a violation of their right to privacy in terms of section 14 of the Constitution. See the discussion on privacy in the Sodomy case above n 6 at paras 28–57, 65–7 of the judgment of Ackermann J and paras 108–19 of my judgment in that matter.
- ↑ Home Affairs above n 44 at para 31.
- ↑ Id at paras 28–9.
- ↑ See Volks above n 75 at footnote 171 of the judgment of Sachs J. There are four statutes of particular relevance to the present matter. The first two deal with issues which traditionally have been directly connected with marriage law and both expressly refer to same-sex relationships. Thus the Domestic Violence Act 116 of 1998 defines a domestic relationship as a relationship between a complainant and a respondent who are of the same or opposite sex and who live/lived together in a relationship in the nature of marriage, although they are not married to each other. The Estate Duty Act 45 of 1955 provides that a “spouse” in relation to any deceased person, includes a person who at the time of the death of such deceased person was the partner of such person in
