Page:Fourie v Minister of Home Affairs (CC).djvu/8

Rh not a matter that need be decided in this application. I am satisfied for reasons that follow that, even if it is, the application for leave to appeal directly to this Court should be refused.

This appeal is likely to raise complex and important questions of the legal conformity of our common law and statutory rules of marriage in the light of our Constitution and its resultant jurisprudence. Marriage and its legal consequences sit at the heart of the common law of persons, family and succession and of the statutory scheme of the Marriage Act. Moreover marriage touches on many other aspects of law, including labour law, insurance and tax. There are at least 44 Acts of Parliament in which reference is made to ‘husband’ and/or ‘wife’ either in the body of the Act or in the regulations to the Act. These include the South African Citizenship Act 88 of 1995; Prevention of Family Violence Act 133 of 1993; Sexual Offences Act 23 of 1957; Insolvency Act 24 of 1936; Child Care Act 74 of 1983; Children’s Act 33 of 1960; Children’s Status Act 82 of 1987; Divorce Act 70 of 1979; Marriage Act 25 of 1961; Matrimonial Affairs Act 37 of 1953; Matrimonial Property Act 88 of 1984; Recognition of Customary Marriages Act 120 of 1998; Banks Act 94 of 1990; Mutual Banks Act 124 of 1993; Mental Health Act 18 of 1973; Income Tax Act 58 of 1962; Compensation for Occupational Injuries and Diseases Act 130 of 1993; Deeds Registries Act 47 of 1937; Mining Titles Registration Act 16 of 1967; Civil Proceedings Evidence Act 25 of 1965; Criminal Procedure Act 51 of 1977; Criminal Law and the Criminal Procedure Act Amendment Act 39 of 1989; Law of Evidence Amendment Act 45 of 1988; Merchant Shipping Act 57 of 1951; Friendly Societies Act 25 of 1956; Government Employees Pension Law 1996; Railways and Harbours Service Act 28 of 1912; Railways and Harbours Acts Amendment Act 15 of 1956; Black Administration Act 38 of 1927; *South African Passports and Travel Documents Act 4 of 1994; *Companies Act 61 of 1973; *Supreme Court Act 59 of 1959; *Administration of Estates Act 66 of 1965; *National Parks Act 57 of 1976; *Mediation in Certain Divorce Matters Act 24 of 1987; *Health Act 63 of 1977; *Value-Added Tax Act 89 of 1991; *Human Tissue Act 65 of 1983; *South African Police Service Act 68 of 1995; *National Road Traffic Act 93 of 1996; *Housing Development Scheme for Retired Persons Act 65 of 1988; *South African Reserve Bank Act 90 of 1989; *Black Communities Development Act 4 of 1984; *Mining Titles Registration Act 16 of 1967. The Acts marked with an asterisk contain references to ‘husband’ and/or ‘wife’ in their regulations only. These issues are of importance not only to the applicants and the gay and lesbian community but also to society at large. While considerations of saving costs, and of “an early and definitive decision of the disputed issues” are in themselves weighty, they should not oust the important need Rh