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Rh respondents when he took steps to finalize the estate. He acted as an independent executor. He abides the court's decision on the constitutionality of section 1(1) of the Act but denies that the applicant and the deceased were partners in a life same-sex partnership who had undertaken reciprocal duties of support. The second- and third respondents deny that the first respondent acted on their behalf. They also deny that the applicant and the deceased were partners in a life same-sex partnership who had undertaken reciprocal duties of support. The fourth- and fifth respondents do not oppose the application. The Master does not oppose the application but the Minister of Justice has caused an affidavit to be made in which it is stated that the application is moot because of the decision in Minister of Home Affairs and Another v Fourie and Another (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others, 2006 (1) SA 524 (CC) and that the application ought not to succeed because of the complications that will result, in connection with the removal of appointed executors and the administration of relevant deceased estates, if a retrospective order is made. Apart from the affidavit the Minister did not oppose the application.

The applicant states that he and the deceased started going out during May 2003. By August 2003 they committed to a monogamous relationship. At that time each had a home of his own. They spent almost every night together and were known to their friends as a couple. During December 2003 they went to Cape Town together. The deceased was introduced to the applicant's friends as his new partner. In January 2004 they decided to set up a home of their own. They bought the property from a friend of the applicant. The house was bought in the name of the deceased. They feared that the applicant's HIV positive status may jeopardize the application for a bond. They moved into the house during June 2004. They used available money to do repair work and alterations to the property. In October 2004 the property was transferred into the deceased's name. They agreed to have an agreement drawn up to record the applicant's half share in the property, but by the time of the deceased's death, on 30 April 2004, they had not yet done so.