Page:Fourie v Minister of Home Affairs (SCA).djvu/33

Rh In conclusion I would add that the Constitutional Court called in J for ‘comprehensive legislation’ regularising same-sex partnerships. That has not been forthcoming. This may be for many reasons, doubtless including the imperative requirements of other legislative priorities. It is not inconceivable, however, that the legislature may be content, or even prefer, that this process of fulfilling the sexual orientation guarantee in the Constitution should proceed incrementally by leaving development of the common law to the courts. If this is not so, our unsuspended decision will not preclude later constitutionally sound legislation.

In all these circumstances I conclude that the appellants are entitled to immediate declaratory relief regarding the development of the common law, and to a declaration that their intended marriage is capable of recognition as lawfully valid subject to compliance with statutory formalities.

ORDER

The following order is made: