The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in so far as it excludes life partners in a relationship intended to be permanent, as per the definition of “spouse”. The Court ordered parliament to amend two laws to recognise the right of a surviving life partner in any relationship to inherit and claim maintenance after the other partner dies.
The case arose after Jane Bwanya challenged the constitutionality of the Intestate Succession Act and the Maintenance of Surviving Spouses Act for discriminating on the basis of marital status.
Ms Bwanya, originally from Zimbabwe, and the deceased, Mr Ruch, were involved in a relationship that comprised most, if not all, characteristics of a marriage. They met and entered into a romantic relationship in 2014. Later that year Mr Ruch asked Ms Bwanya to move in with him on a permanent basis. Ms Bwanya obliged. From then onwards, they split their time between Mr Ruch’s Camps Bay and Seaways properties. Ms Bwanya retained her place at the Meadows where she was employed as a domestic worker. Ms Bwanya’s and Mr Ruch’s friends were aware of the relationship. The pair used to accompany each other to various social gatherings. Mr Ruch introduced Ms Bwanya as his wife to his friends. They often hugged and kissed in the presence of other people. Mr Ruch referred to Ms Bwanya’s brother as his brother-in-law.
In November 2015 Mr Ruch proposed to marry Ms Bwanya. She accepted the proposal. Preparations to travel to Zimbabwe began so that lobola negotiations could commence and Mr Ruch could meet Ms Bwanya’s family. These preparations involved selling the Seaways property. The proceeds were to be used to pay lobola and purchase a vehicle for the trip to Zimbabwe. The plan was for the pair to get married after the trip. On 23 April 2016, two months before the scheduled journey, Mr Ruch passed away unexpectedly. In his will he had nominated his mother as the sole heir to his estate. However, his mother had predeceased him.
Ms Bwanya lodged two claims against Mr Ruch’s estate in terms of the Administration of Estates Act. They were for maintenance in terms of the Maintenance of Surviving Spouses Act and for inheritance in terms of the Intestate Succession Act. She based the claims on the fact that her permanent life partnership with Mr Ruch was akin to a marriage and that they had undertaken reciprocal duties of support towards each other.
The basis of the claims was the following: the deceased was her life partner, they had been living together in a permanent, stable, and intimate relationship, and they were engaged to be married. Moreover, their partnership was analogous to, or had most of the characteristics of, a marriage: the deceased supported her financially and emotionally, and introduced her to friends as his wife. Furthermore, they had undertaken reciprocal duties of support and were to start a family together.
The executor of the deceased’s estate rejected both claims on the basis that the Intestate Succession Act and Maintenance of Surviving Spouses Act conferred benefits only on married couples, not partners in permanent life partnerships.
The majority judgment of the Constitutional Court, penned by Madlanga J, stressed that permanent life partnerships are a legitimate family structure and are deserving of respect and, given recent developments of the common law, entitled to legal protection. The judgment held that the definition of “survivor” in section 1 of the Maintenance of Surviving Spouses Act is unconstitutional and invalid insofar as it omits the words “and includes the surviving partner of a permanent life partnership terminated by the death of one partner in which the partners undertook reciprocal duties of support and in circumstances where the surviving partner has not received an equitable share in the deceased partner’s estate”. The judgment ordered that these words be read into the definition.
“Spouse” and “marriage” are also declared to include a person in a permanent life partnership. The declaration of invalidity was suspended for 18 months to afford Parliament an opportunity to cure the constitutional defect.
Additionally, the majority judgment confirmed the declaration of invalidity of section 1(1) of the Intestate Succession Act made by the High Court. Likewise, this declaration of invalidity was suspended for 18 months to afford Parliament an opportunity to cure the constitutional defect.
The Bwanya judgment is a victory for permanent life partners, who now qualify as intestate heirs.
If you wish to avoid uncertainty and prevent unintended consequences, then the best solution remains to execute a professionally drafted will and update it as and when necessary. Having a will is always extremely important. A valid will would have avoided the necessity for a court application in the case presented above.
Executors should henceforth consider any claims from life partners under either of the mentioned Acts, as failure to do so could result in litigation.
Reference List:
- Intestate Succession Act, 81 of 1987
- Maintenance of Surviving Spouses Act, 27 of 1990
- Bwanya v Master of the High Court, Cape Town and Others [2021] ZACC 51
- https://collections.concourt.org.za
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)
In South Africa, rites of passage initiates go to initiation schools each year, with teenagers being the most vulnerable to the initiation. The custom has caused outrage due to the number of fatalities that occur during these initiations. The rise in the number of illegal schools run by inexperienced and negligent surgeons is believed to be the main cause of these deaths. However, one cannot overlook the fact that these problems also take place in registered initiation schools.
This is exactly what happened in Fourie v Van der Spuy and De Jongh Inc. and others. The First Respondent was a law firm and the Second and Third Respondents were practising Attorneys. The Applicant claimed payment of R1 744 599.45 from the Respondents. The First Respondent had a mandate to deal with money paid into Trust by the Applicant. The Second Respondent, upon receiving instructions to make payments via email, paid the money into a banking account belonging to an unknown third party who fraudulently hacked the email server of the Applicant and sent emails to the First Respondent containing the wrong instructions and the wrong banking details.
Data-driven culture: what does it mean?
A data-driven culture refers to an organisational culture where all employees are encouraged to use data to make decisions that will help improve their performance, as well as their company’s performance as a whole. It’s about using data analytics tools to gather valuable information about your website traffic, customer engagement, and product or service sales. In other words, a data-driven culture values analytics, metrics, and evidence-based decision-making over gut instinct or intuition.
Data has always been an integral part of any business strategy, but with the recent advancements in technology, analytics, and artificial intelligence, we are able to access more information than ever before. The question is: How do you get started? How do you make sure that your organisation embraces a data-driven culture?
Define your data strategy
Collecting data is only useful if you have defined what you want from it and why it matters. This can be achieved by developing a clear strategy on how you will use data within your organisation’s decision-making processes. A good starting point is understanding what kind of questions you want answered by using data, and then identifying what type of information would help answer these questions most effectively. Once these have been identified, decide how often you need new information, as this will inform how frequently you need to collect data from various sources such as systems or surveys.
What are the benefits of a data-driven culture?
Increased agility: Agility is important for any business that wants to keep up with the rapid pace of change in the digital world. A data-driven culture helps businesses be more agile because it gives them access to more information about their customers and competitors. This information is then used to respond quickly to market changes and adapt their strategies accordingly.
Improved decision-making: Data provides valuable insight into what works and what doesn’t work in your business, allowing you to make better decisions with confidence. For example, if you have been trying out different marketing strategies without any solid results, data can help you identify which ones work best, so that you can stop spending time and resources on those that don’t perform well.
More control over marketing strategies: Marketing strategies are often difficult to implement because they involve multiple stakeholders with different goals. However, with data on hand, you can make sure everyone is working towards one common goal: increasing sales. You can also see which marketing tactics are working best for each segment of your target audience so that you don’t waste time and money on ineffective marketing methods.
Better focus on core processes: When you have access to reliable data on client preferences or employee engagement levels, it allows you to focus on what really matters instead of wasting time on non-essential tasks.
Drives innovation: By using data as an input factor within your organisation, you encourage creativity and innovation amongst employees who have access to it. This helps them come up with new ideas, products or services that solve client problems better than competitors do.
Builds respect & creates stronger employee relationships: Finally, having access to data gives everyone in your business insight into how things are going at any given time. This transparency creates an environment where people feel more connected — regardless of whether they work directly with one another or not — because they understand each other’s roles better than before.
The future is unpredictable, and in this ever-changing business landscape, it is important to know where you stand before you can understand where you’re headed. Observing what is happening in your industry, identifying trends, and collecting and analysing data to generate insights can – and should – be applied to any aspect of your business. By harnessing the power of data and truly embracing a data-driven culture, your company can learn how to perform better and develop efficient strategies for long-term success.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)