Bwanya v Master of the High Court, Cape Town and Others

Ms Jane Bwanya and the deceased, Mr Anthony Ruch, were in a permanent heterosexual life partnership that bore all the hallmarks of a marriage. They lived together, shared a public and committed relationship, and undertook reciprocal duties of support. Mr Ruch proposed marriage and preparations for lobola and a wedding were underway when he died in April 2016. He left a will nominating his mother as sole heir, but she had predeceased him. Ms Bwanya claimed maintenance under the Maintenance of Surviving Spouses Act and inheritance under the Intestate Succession Act. The executor rejected both claims on the basis that she was not a ‘spouse’ as contemplated in the Acts. Ms Bwanya challenged the constitutionality of the exclusion of permanent life partners from these statutes. Although her personal claims were settled, she persisted with the constitutional challenge.

Declarations of constitutional invalidity were made in respect of omissions in the Maintenance of Surviving Spouses Act and the Intestate Succession Act. The Court ordered reading-in to include surviving partners in permanent life partnerships with reciprocal duties of support. The orders were suspended for 18 months to allow legislative correction. The Minister of Justice and Correctional Services was ordered to pay the applicant’s costs.

This case marks a major development in South African family and succession law by extending statutory protection to surviving partners in permanent life partnerships, regardless of marital status. It limits the reach of Volks v Robinson and affirms substantive equality and dignity for vulnerable partners, particularly women, who may not have had a real choice to marry. The judgment reflects evolving constitutional values concerning family diversity.