Gory v Kolver NO
Encyclopedia
Gory v Kolver NO is a decision of the Constitutional Court of South Africa
which ruled that a same-sex life partner was entitled to inherit the estate of the other partner who died intestate. The court ruled that the Intestate Succession Act, 1987 violated section 9 of the Constitution
, which prohibits discrimination on the basis of sexual orientation, because it granted the right of intestate succession to spouses but not to same-sex life partners, who were at the time unable to marry.
The court had already ruled in Minister of Home Affairs v Fourie that marriage had to be extended to same-sex couples; however, the order in that case was suspended for one year to allow Parliament to rectify the inequality. The Gory case came before the courts during this one-year period; indeed, the Constitutional Court's final decision was handed down only seven days before the Civil Union Act
became law. In its judgment the Court indicated that rights extended to unmarried same-sex couples by judicial decisions would not automatically be removed when same-sex marriage became legal, though Parliament
would be able to modify them by legislation.
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
which ruled that a same-sex life partner was entitled to inherit the estate of the other partner who died intestate. The court ruled that the Intestate Succession Act, 1987 violated section 9 of the Constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
, which prohibits discrimination on the basis of sexual orientation, because it granted the right of intestate succession to spouses but not to same-sex life partners, who were at the time unable to marry.
The court had already ruled in Minister of Home Affairs v Fourie that marriage had to be extended to same-sex couples; however, the order in that case was suspended for one year to allow Parliament to rectify the inequality. The Gory case came before the courts during this one-year period; indeed, the Constitutional Court's final decision was handed down only seven days before the Civil Union Act
Civil Union Act, 2006
The Civil Union Act, 2006 is a South African Act of Parliament which legalised same-sex marriage. It was enacted as Parliament's response to the judgment of the Constitutional Court in the case of Minister of Home Affairs v Fourie, which ruled that it was unconstitutional for the state to provide...
became law. In its judgment the Court indicated that rights extended to unmarried same-sex couples by judicial decisions would not automatically be removed when same-sex marriage became legal, though Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
would be able to modify them by legislation.