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Rh unconstitutionally infringed is not that of the litigant in question but of some other person. Thus the second to the seventh applicants are entitled to rely on any unconstitutional infringement of any of the rights of the South African partners (the eighth to the thirteenth applicants) which has been brought about by the failure of the Act to grant any recognition to same-sex life partnerships. Obviously the South African partners may also invoke such infringement themselves.

The limitation by section 25(5) of the section 9 right to equality and the section 10 right to dignity

Section 9 of the Constitution provides: “Equality Rh