Page:Minister of Home Affairs v Fourie.djvu/82

 Rh concludes by observing that, depending on the final recommendations, amendments to all legislation may be required.

The memorandum establishes three things. Firstly, there has been extensive public consultation over a number of years. Secondly, a final SALRC report can be placed before Parliament within a relatively short period. Thirdly, the report can be expected to contain a comprehensive proposal intended to provide appropriate relief which is in a format quite different from that which the applicants propose. The matter of the relief to which same-sex couples are entitled would therefore appear to be ready for prompt consideration by Parliament. The orders to be made by this Court should take account of this fact.

Should the order of invalidity be suspended?

Having concluded that the law of marriage as it stands is inconsistent with the Constitution and invalid to the extent outlined above, an appropriate declaration of invalidity needs to be made. The question that arises is whether this Court is obliged to provide immediate relief in the terms sought by the applicants and the Equality Project, or whether it should suspend the order of invalidity to give Parliament a chance to remedy the defect. The test is what is just and equitable, taking account of all the circumstances. Rh