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South Africa Case Law

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Constitutional Law [2006] ZAGPHC 28

Gory v Kolver NO and Others (4928/05)

Gory v Kolver NO and Others (4928/05) [2006] ZAGPHC 28; [2006] 2 All SA 640 (T); 2006 (7) BCLR 775 (T); 2006 (5) SA 145 (T) (31 March 2006)

Court
High Courts - Gauteng
Case number
4928/05
Judge
Hartzenberg

Section 1(1) of the Intestate Succession Act, 81 of 1987 is unconstitutional to the extent that it excludes permanent same-sex life partners who have undertaken reciprocal duties of support from inheriting as intestate heirs. The applicant and the deceased were in such a partnership, and the applicant is entitled to inherit as sole heir. The omission of same-sex partners from the definition of 'spouse' constitutes unfair discrimination on the basis of sexual orientation, violating the constitutional right to equality and dignity. The appropriate remedy is to read in the words 'or partner in a…

Source excerpt

  • Intestate Succession
  • Same Sex Partnerships
  • Constitutional Equality
  • Reading In
  • Executor Removal
  • Property Transfer
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Constitutional Law [2003] ZACC 2

Satchwell v President of the Republic of South Africa and Another (CCT48/02)

Satchwell v President of the Republic of South Africa and Another (CCT48/02) [2003] ZACC 2; 2003 (4) SA 266 (CC); 2004 (1) BCLR 1 (CC) (17 March 2003)

Court
Constitutional Court
Case number
CCT48/02
Judges
O'Regan, Chaskalson, Langa, Ackermann, Goldstone, Madala, Moseneke, Yacoob

The Court held that the challenged provisions of the Judges’ Remuneration and Conditions of Employment Act 47 of 2001 and the 2002 regulations unfairly discriminate against judges in permanent same-sex life partnerships by denying them benefits afforded to spouses. This discrimination is on the grounds of sexual orientation and marital status and is not justifiable under the Constitution. The Court found that the applicant was entitled to direct access because the issues had already been considered in previous litigation, there was no dispute of fact, and the respondents did not oppose the re…

Source excerpt

  • Equality Clause
  • Unfair Discrimination
  • Sexual Orientation
  • Judicial Remuneration
  • Reading In
  • Constitutional Invalidity
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.