Constitutional Court of South Africa

“ See in this regard section 2 of the Recognition of Customary Marriages Act 120 of 1998 which provides that for all purposes a duly contracted customary marriage will be recognised as a marriage. See also National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others 2000 (2) SA 1 (CC) ; 2000 (1) BCLR 39 (CC) at paras 25–6 where this Court held that the term “spouse” and the use of the word “marriage” in the context of the Aliens Control Act 96 of 1991 referred only to marriages ordinarily recognised by South African law. ”

“ As upper guardian of all dependent and minor children this Court has an inalienable right and authority to establish what is in the best interests of children and to make corresponding orders to ensure that such interests are effectively served and safeguarded. ”

“ They formalised their relationship with a commitment ceremony, performed by a lay preacher in September 1990. To all intents and purposes they live as a couple married in community of property; immovable property is registered jointly in both their names; they pool their financial resources; they have a joint will in terms of which the surviving partner of the relationship will inherit the other’s share in the joint community; they are beneficiaries of each other’s insurance policies; and they take all major life decisions jointly and on a consensual basis. ”

“ She provides the children with their principal source of emotional support within the family and, because of the constraints of the second applicant’s professional life, she spends more time with them during week days than does the second applicant. ”

“ See, for example, art 3 of the United Nations Convention on the Rights of the Child, 1989. The convention was adopted by the United Nations General Assembly on 20 November 1989 and entered into force on 2 September 1990. ”