The Applicant in this case, who was a judge, had lived with her same-sex partner since 1986. Despite the similarity of their relationship to that of a married couple, the Applicant’s partner did not fall within the legal definition of a spouse. As a result, the partner could not enjoy any of the benefits legally granted to judges’ heterosexual spouses, pursuant to Sections 8 and 9 of the Judges’ Remuneration and Conditions of Employment Amendment Act and relevant regulations (collectively, “Act”). The Applicant challenged the constitutionality of the Act before a High Court. She argued that Sections 8 and 9 infringe the right to nondiscrimination. The High Court found that these Sections of the Act discriminated on the basis of sexual orientation and marital status, and thereby infringed on Section 9(3) of the South African Constitution.  The case was forwarded to the Constitutional Court for confirmation.