Page:Gory v Kolver (HC).djvu/2

Rh to each other. The deceased did not have children. He claims to be the sole heir of the deceased.

The first respondent is the executor, duly appointed to liquidate the estate of the deceased, in his official capacity as executor of the estate. The fourth and fifth respondents are a married couple. The fourth respondent signed an offer to purchase the property situated at 152 First Avenue, Bezuidenhout Valley, Johannesburg, registered in the name of the deceased, ("the property") on 3 September 2005 and the first respondent accepted the offer, conditionally, on 9 September 2005. The Master of the high court is the sixth respondent and the Minister of Justice and Constitutional Development is the seventh respondent. The first respondent regards the second- and third respondents as the lawful heirs of the deceased in terms of section 1 of the Act.

The applicant prays for a declaratory order that section 1(1) of the Act is inconsistent with the Constitution, and that the words "or partner in a same-sex partnership in which the partners have undertaken reciprocal duties of support" are to be read into the section, after the word "spouse" wherever it appears. Prayers 3 and 4 are for declaratory orders that that the applicant and the deceased were, at the time of death of the deceased, partners in a same-sex life partnership in which they had undertaken reciprocal duties of support and that the applicant is the sole heir and beneficiary of deceased's estate. Prayers 5 and 6 are for a declaratory order that the sale of the property is of no force and effect and for an order against the fourth and fifth respondents interdicting them from proceeding with the purchase of the property. The applicant also applies for a declaratory order that he is entitled to immediate occupation of the property, for an order for the return of movable items, which were removed from the property, for the removal of the first respondent as executor of the estate and for costs against the first three respondents.

The first three respondents oppose the application. The first respondent says that he was forced to oppose the application because an order as to costs is sought against him, personally. He says that he did not act on behalf of the second- and third