Page:Fourie v Minister of Home Affairs (SCA).djvu/38

Rh The purpose of the Rule is to enable parties interested in a constitutional issue to seek to be admitted as amici curiae in the case in which the issue is raised so that they can advance submissions in regard thereto. As a result of the appellants' notice to the registrar in terms of Rule 16A a voluntary association known as The Lesbian and Gay Equality Project was allowed to intervene as amicus curiae in the case and submissions were made on its behalf at the hearing in the court a quo. Being of the opinion that the conduct of the amicus went well beyond what was regarded as proper in the Constitutional Court decision In re certain amicus curiae applications: Minister of Health and Others v The Treatment Action Campaign and Others, Roux J ordered the amicus to pay the respondents' costs jointly and severally with the appellants. The respondents subsequently abandoned this part of the order of the court a quo.

After the matter had been set down for hearing in this Court the Lesbian and Gay Equality Project once again sought to be admitted as amicus curiae in the matter. Neither the appellants nor the respondents opposed the application and it was granted. The amicus submitted written arguments before the case was argued