Page:Minister of Home Affairs v Fourie.djvu/73

 Rh unjustifiable violation of their right to equal protection of the law under section 9(1), and not to be discriminated against unfairly in terms of section 9(3) of the Constitution. Furthermore, and for the reasons given in Home Affairs, such failure represents an unjustifiable violation of their right to dignity in terms of section 10 of the Constitution. As this Court said in that matter, the rights of dignity and equality are closely related. The exclusion to which same-sex couples are subjected, manifestly affects their dignity as members of society.

III. REMEDY

A notable and significant development in our statute law in recent years has been the extent of express and implied recognition that the legislature has accorded to same-sex partnerships. Yet as Ackermann J pointed out in Home Affairs, there is still no appropriate recognition in our law of same-sex life partnership, as a relationship, to meet the legal and other needs of its partners. Since Home Affairs was decided a number of other statutes have been adopted, the ambit of which clearly include same-sex life partnerships. In some cases there is express reference to the inclusion of same-sex relationships, in others the term ‘life partner’ or ‘partner’ is used. They

Rh