Mr Justice Roux, in the High Court of South Africa, Transvaal Provincial Division, Fourie and Another v Minister of Home Affairs and Another (2002)
“ The “right” in question must be the Applicants' assumption that they are married. Again I refer to prayer 2 of the notice of motion. In Roman Law marriage is the full legal union of man and woman for the purpose of lifelong mutual companionship. ”
Mr Justice Roux, in the High Court of South Africa, Transvaal Provincial Division, Fourie and Another v Minister of Home Affairs and Another (2002)
“ Indeed they claim to be married. The relief they seek is first a declaratory order and secondly a mandamus against the first and second Respondents. I quote the relevant prayers in the notice of motion. I must emphasize that no attempt was made to amend these prayers. This despite airing my view on how appropriate this relief could be in light of the facts and the Statute to which I will refer later. Purporting to the act in terms of Uniform Rule 16A a voluntary society, “The Lesbian and Gay Equality Project”, intervenes as amicus curiae and addressed me at length. ”
