Volks NO v Robinson and Others

Mrs Robinson lived in a long-term permanent life partnership with the late Mr Shandling from 1985 until his death in 2001. They were never married, despite no legal impediment to marriage. Mr Shandling supported Mrs Robinson financially during their relationship. Upon his death, his will bequeathed Mrs Robinson certain assets and R100 000 but did not provide ongoing maintenance. Mrs Robinson sought to claim maintenance from the deceased estate under the Maintenance of Surviving Spouses Act 27 of 1990. The executor, Mr Volks, rejected the claim on the basis that she was not a ‘spouse’ as defined in the Act. Mrs Robinson and the Women’s Legal Centre Trust challenged the constitutionality of the Act for excluding survivors of permanent life partnerships. The High Court found the exclusion unconstitutional and ordered a reading-in. The matter came before the Constitutional Court for confirmation.

The order of the High Court declaring portions of the Maintenance of Surviving Spouses Act unconstitutional was not confirmed. The Act remains valid and does not apply to survivors of permanent life partnerships. Mrs Robinson was not entitled to claim maintenance from the deceased estate under the Act.

This case is a leading authority on the constitutional distinction between marriage and permanent life partnerships in South African law. It affirms that legislative benefits flowing from marriage may be limited to married spouses without necessarily constituting unfair discrimination. The judgment underscores the principle of choice in family law and has had lasting influence on equality jurisprudence concerning unmarried cohabitants.