In the recent judgment of Gasa v Master of the High Court, Johannesburg and Others (22/3185) [2024] ZAGPJHC 321 (28 March 2024), the South Gauteng High Court was faced with a vexing question: can a permanent life partner claim from the estate of their deceased partner, despite the deceased being legally married to someone else at the time of death?
The Background
The case revolved around the estate of the late Sindile Ayanda Dladla (Sindile), whose executrix sought to have Sindile recognized as the permanent surviving life partner of Ndumiso Sizo Mthembeni Mbanjwa (Ndumiso), in terms of the Intestate Succession Act 81 of 1987. Despite Ndumiso’s existing marriage with another, the application aimed to secure a portion of his estate for Sindile’s estate.
The Court’s Reasoning
The court highlighted several essential considerations in determining the existence of a life partnership, such as mutual life commitments, maintenance agreements, and the presence of a permanent partnership as evidenced by a shared life. However, it critically analyzed whether a “permanent life partner” could be equated to a “spouse” within the meaning of the Intestate Succession Act.
The judgment underscored that the Act clearly defines the rights of a “spouse” but does not expressly recognize “life partners.” The court referred to previous Constitutional Court rulings, which recognized life partnerships as legitimate family structures deserving of legal protection. Yet, it also noted that current legislation, including the Civil Union Act, restricts individuals from having a spouse and a life partner simultaneously, thus barring Sindile’s estate from claiming against Ndumiso’s estate.
The Outcome
Ultimately, the court dismissed the application, ruling that while Sindile could be considered a permanent surviving life partner, she could not be deemed a “spouse” for the purposes of inheriting from Ndumiso’s estate, due to his existing marriage. This decision emphasizes the legal distinctions between spouses and life partners under South African law, particularly in the context of inheritance.
The Implications
This case sheds light on the complexities and legal challenges faced by individuals in life partnerships, especially concerning inheritance rights. It underscores the need for legislative reform to address the evolving nature of familial relationships and to ensure equitable treatment for all forms of partnerships.
FAQs
Q: Can a life partner inherit if the deceased was married? A: Under current South African law, a life partner cannot inherit under the Intestate Succession Act if the deceased was legally married to someone else at the time of death.
Q: What legal recognition do life partners have? A: While life partners are recognized in certain contexts, their rights, especially regarding inheritance, are limited compared to those of legally married spouses. Legislative changes are required for equal treatment.
Q: What can life partners do to secure their rights? A: Life partners are advised to draft wills specifying their wishes for their partner’s inheritance. Legal advice can help navigate the complexities of ensuring their partner’s security in the event of their death.
Memorable Quote from the Judgment: “The court underscored that the Act clearly defines the rights of a ‘spouse’ but does not expressly recognize ‘life partners.’ This distinction highlights the need for legislative amendments to accommodate the evolving nature of family structures.”
