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Family And Children [2015] ZAGPPHC 849

Duplan v Loubser NO and Others (24589/2015)

Duplan v Loubser NO and Others (24589/2015) [2015] ZAGPPHC 849 (23 November 2015)

Court
North Gauteng High Court, Pretoria
Case number
24589/2015
Judge
GC Muller

The court held that, despite the promulgation of the Civil Union Act, the Constitutional Court's reading-in remedy in Gory v Kolver NO remains operative, as Parliament has not specifically amended s 1(1) of the Intestate Succession Act to exclude permanent same sex life partners who have undertaken reciprocal duties of support. The applicant, having lived in a permanent same sex partnership with the deceased and undertaken reciprocal duties of support, qualifies as a 'spouse' for intestate succession purposes. The court is bound by the doctrine of stare decisis and must apply the reading-in r…

Source excerpt

  • Intestate Succession
  • Same Sex Partnerships
  • Civil Union Act
  • Reading In Remedy
  • Equality Clause
  • Stare Decisis
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Constitutional Law [2006] ZACC 20

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
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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 [2002] ZACC 20

Du Toit and Another v Minister of Welfare and Population Development and Others (CCT40/01)

Du Toit and Another v Minister of Welfare and Population Development and Others (CCT40/01) [2002] ZACC 20; 2002 (10) BCLR 1006 ; 2003 (2) SA 198 (CC) (10 September 2002)

Court
Constitutional Court
Case number
CCT40/01
Judges
Skweyiya, Chaskalson, Langa, Ackermann, Du Plessis, Goldstone, Kriegler, Madala, Ngcobo, O'Regan, Sachs

The Constitutional Court held that the exclusion of same-sex life partners from joint adoption and guardianship under the Child Care Act and Guardianship Act constitutes unfair discrimination on the grounds of sexual orientation and marital status, violating sections 9(3), 10, and 28(2) of the Constitution. The impugned provisions fail to accord paramountcy to the best interests of the child, as they deprive children of the possibility of a loving and stable family life with suitable same-sex parents. The Court found no justification for these limitations under section 36. The appropriate rem…

Source excerpt

  • Equality Clause
  • Best Interests Of Child
  • Joint Adoption
  • Same Sex Partnerships
  • Reading In Remedy
  • Human Dignity
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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.