South Africa Case Law

Gory v Kolver NO and Others (CCT28/06)

Gory v Kolver NO and Others (CCT28/06) [2006] ZACC 20; 2007 (4) SA 97 (CC); 2007 (3) BCLR 249 (CC) (23 November 2006)

Court

Constitutional Court

Case number

CCT 28/06

Judges

Van Heerden AJ, Langa CJ, Moseneke DCJ, Kondile AJ, Madala J, Mokgoro J, O'Regan J, Sachs J, Van der Westhuizen J, Yacoob J

Section 1(1) of the Intestate Succession Act 81 of 1987 is unconstitutional to the extent that it excludes permanent same-sex life partners from intestate succession rights, as this constitutes unfair discrimination on the ground of sexual orientation and violates the rights to equality and dignity. The appropriate remedy is to read in after the word 'spouse' the words 'or partner in a permanent same-sex life partnership in which the partners have undertaken reciprocal duties of support', with effect from 27 April 1994. The order operates retrospectively, except that completed transfers to bo…

Source excerpt

• Intestate Succession
• Equality Clause
• Reading In Remedy
• Retrospectivity Of Invalidity
• Same Sex Partnerships
• Constitutional Invalidity