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Rh empowers a referral for such purpose.

Orders (1) and (2) would ordinarily become final when the period for instituting appeal proceedings against these orders to the Supreme Court of Appeal or this Court lapsed and no such appeal proceedings had been commenced by that time. I shall deal later with the problems that can arise because the Constitution makes no provision for an obligatory referral in such cases.

The first applicant is the National Coalition for Gay and Lesbian Equality, a voluntary association of gay, lesbian, bisexual and transgendered people in South Africa and of 70 organisations and associations representing gay, lesbian, bisexual and transgendered people in South Africa. The second applicant is the South African Human Rights Commission which functions under section 184 of the 1996 Constitution. The three respondents are the Minister of Justice, the Minister of Safety and Security, and the Attorney-General of the Witwatersrand. Initially the applicants sought the following relief in the High Court:

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