'It wasn't about the money'

2006-03-31 19:53

Pretoria - One of the last pieces of legislation that discriminates against same-sex relationships has been declared inconsistent with the constitution by the Pretoria High Court.

In a written judgment judge Willie Hartzenberg declared that sections of the intestate succession act, which excludes reference to same-sex life partners, to be inconsistent with the constitution.

Gay chef Mark Gory was also declared the sole heir to his partner's estate after a legal wrangle with the other man's family.

Gory and his partner, Henry Brooks, met in 2003, bought a house in 2004 and lived together as a married couple until Brooks died suddenly, without a will, in April 2005.

It was then that Brooks' family started taking things from the house, eventually forcing out Gory and selling it, contending that he had no claim on the estate.

Ruling in favour of Gory, Hartzenberg ordered the house and other things taken from him to be returned.

"I'm ecstatic," Gory said after the ruling. "It was everything I hoped for. I never wanted to fight about it."

The net value of Brooks' estate was estimated to be about R9 800, but Gory said it was never about the money.

"It was about the sanctity of our relationship," he said.

He believed he deserved to inherit Brooks' estate on the principle that in heterosexual common law couples, the surviving spouse would be the heir.

As same sex weddings would only be recognised from December 2007, Gory and Brooks never officially married.

Brooks however handed Gory a platinum wedding band and they announced their commitment to each other at a special party, which was also attended by Brooks' parents.

Hartzenberg ruled that the two were indeed in a permanent same sex life partnership.

He said his ruling was not backdated and would only apply to future cases. He also ordered the executor and Brooks' parents to pay the costs of the case.

- SAPA