Counsel for Bwanya, Robert Stelzner SC, said the case was about benefits which were not extended to survivors of heterosexual life partnerships, but were available for survivors of same-sex life partnerships.
“This has created a differentiation between same-sex life partners and heterosexual life partners.”
He said a survivor in a same-sex life partnership was allowed to inherit under the Intestate Succession Act, while a survivor in the opposite-sex life partnership cannot inherit.
“The only difference between the two is that she is a survivor of a heterosexual life partnership. This is a prohibited ground for differentiation,” Stelzner said.
Mushahida Adhikari, counsel for the second friend of the court, the Commission for Gender Equality, said the case was about the constitutional place of couples who do not marry, whether by choice or not. She said the act differentiates between persons based on marital status, gender and sex, and sexual orientation and said the differentiation amounted to discrimination.
Counsel for the minister of justice, Karrisha Pillay, said the minister will abide by the decision of the court.
The court reserved judgment.