Page:Fourie v Minister of Home Affairs (CC).djvu/4

Rh the Constitution; secondly, a direct appeal to this Court would save substantial legal costs and provide a speedy and effective restoration of their constitutional rights to equality and dignity as well as the rights of other members of the homosexual community; thirdly, the equality and dignity jurisprudence of this Court has ripened to a stage where the prospects of success of their claim are high and the skill and experience of the SCA in developing the common law would be neither relevant nor necessary; and fourthly, this case raises important constitutional issues which deserve the attention of this Court to pronounce, in a holistic manner, on the constitutional rights of persons who are involved in permanent same-sex partnerships.

The respondents have filed a notice of intention to oppose the present application.

The applicable test

Section 167(6) of the Constitution, read with Rule 18(6), governs when an appeal from a decision of any court other than the SCA may be brought directly to this Rh