Page:Fourie v Minister of Home Affairs (SCA).djvu/103

Rh cover same-sex unions would be an incremental step in the development of the law and would not involve the court in trespassing on the domain of the legislature by effecting extensive amendments to the law involving problems of great complexity. On the other hand it is also relevant to bear in mind that the Law Reform Commission in its Discussion Paper to which I have referred has drawn attention to two other possible remedies to the problem raised by the appellants which this Court could not consider for the reasons I mentioned.

It is desirable that all three options be carefully considered by Parliament before a final decision is taken as to which remedy should be adopted in this country. I am deeply conscious of the fact that this Court, consisting as it does of unelected judges, should not do anything which prejudices or even possibly preempts the decision Parliament takes on the matter. Important and wide ranging policy issues have to be considered. Our conclusion, limited as it is to a consideration of but one of the available options, is based solely on juridical considerations. The policy issues are for Parliament, not for us. This is a result of the application of the doctrine of the separation of powers, which, as the Constitutional Court has recently reminded us, must be