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dc.date.accessioned 2017-04-08T17:02:10Z
dc.date.available 2017-04-08T17:02:10Z
dc.date.created 2003-12-02 en
dc.identifier.citation [2003] ZACC 11
dc.identifier.citation 2003 (5) SA 301 (CC)
dc.identifier.citation 2003 (10) BCLR 1092(CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2187
dc.title Fourie and Another v Minister of Home Affairs and Another en
dc.title.alternative CCT25/03 en
dc.identifier.casenumber CCT25/03 en
dc.contributor.judge Moseneke J
dc.date.judgment 31 July 2003
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2187/Full%20judgment%20%28161%20Kb%29-785.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Application for leave to appeal directly to the Constitutional Court. Partners in a permanent same-sex relationship since June 1994 sought in the High Court a declaratory order that the 'Marriage' between them was legally binding in terms of the Marriages Act 25 of 1961, secondly, an order directing that their relationship be registered as a marriage in terms of the Marriage Act and Identification Act 63 of 1997. The High Court dismissed the Application by holding that, under the common law, marriage is a legal union of a man and a woman for the purpose of a lifelong mutual relations and that the Marriage Act contemplate a marriage between a male and a female to the exclusion of others. The applicant then applied to this court directly. Moseneke J dismissed the application and ordered that the applicant first have their matter considered by the Supreme Court of Appeal.
dc.concourt.casehistory Application for leave to appeal directly to the Constitutional Court against judgment and order made in Pretoria High Court.


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