Lecture 21

Question 1

Marriages vs domestic partnerships

Answer 1

1) Not on equal footing
2) Common law provides little or no protection
3) Contract to regulate the relationship

Question 2

Marriage vs domestic partnerships
* Differences

Answer 2

1. Formalities
2. Reciprocal duty of support
3. Relationship
4. Patrimonial consequences
5. Intestate succession
6. Maintenance after death

Question 3

Gory v Kolver

Answer 3

• Intestate Succession Act
• Interpretation of “spouse”
• Reciprocal duty of support
• Same-sex partners

Question 3

Current legal position

Answer 3

1) Fragmented and inconsistent protection
2) Development of recognition and protection: different positions relating
to opposite-sex and same-sex relationships
3) Ad hoc recognition of domestic partnerships
4) Specific statutes

Question 4

Laubscher NO v Duplan and Another

Answer 4

Intestate succession
* Same-sex partners
* Interplay between Gory v Kolver and the Civil Union Act
* Merely an interim measure?
* Role of the legislature
* Confirmed the legal position

Question 5

Bwanya v The Master and Others 2022

Answer 5

1) Intestate Succession Act and the Maintenance of Surviving Spouses Act
unconstitutional to the extent that they did not include life partners
within the definition of ‘spouse’ and ‘survivor’.
2) Reciprocal duties of support
3) No longer difference between heterosexual and same-sex couples in a
life partnership in relation to intestate succession and maintenance
4) Court overturned Volks v Robinson

Question 6

Volks NO v Robinson

Answer 6

Maintenance of Surviving Spouses Act
* Interpretation of “spouse”
* Opposite-sex couple
* Choice argument
* Criticism
* Minority judgment

Question 7

Draft Domestic Partnership Bill

Answer 7

1) SALRC Report on Domestic Partnerships (2006)
2) Draft Domestic Partnerships Bill (2008)
3) Registered vs unregistered partnerships
4)Consequences