Page:Fourie v Minister of Home Affairs (SCA).djvu/43

Rh Constitutional Court Rules but did grant them leave to appeal to this Court.

APPLICATION TO CONSTITUTIONAL COURT

The appellants then approached the Constitutional Court for leave to appeal directly to it against the judgment and order of Roux J. This application was refused on the ground that the interests of justice required that the appeal be heard first by this Court. The judgment of the Constitutional Court, which was delivered by Moseneke J, has been reported: see Fourie and Another v Minister of Home Affairs and Another.

RELEVANT STATUTORY PROVISIONS

Before the issues arising for decision in this case and the contentions of the parties in regard thereto are considered it will be appropriate to set out the relevant provisions of the Constitution as well as ss 3, 29A, 30 and 31 of the Marriage Act (as far as they are relevant) and ss 3, 5(1) and 8(e) of the Identification Act 68 of 1997.

(a) THE CONSTITUTION

The following provisions of the Constitution are relevant in this matter: s 7, s 8 (1), (2) and (3), s 9 (1), (2), (3) and (5), s 10, s