Charlene May and Mandi Mudarikwa unpack the Bwanya Judgement, which points to women in our patriarchal society often lacking the bargaining power in relationships to negotiate a marriage and highlights how we can change that in a court of law.
FOR IMMEDIATE RELEASE CAPE TOWN: 04 January 2022 Victory for women in opposite sex domestic partnerships as the Constitutional Court recognises their right to inherit testate and claim spousal maintenance On 31 December 2021 the Constitutional Court issued its judgment in the matter of Bwanya vs Master of the High Court Cape Town and Others
If the state is committed to reforming South Africa’s family law in a manner that realises rights, it must provide a broader recognition and protection of the diversity of relationships and family structures in South Africa. This must include a recognition of domestic partnerships, religious and customary marriages. In 1996, the census data recorded that
Victory for opposite-sex couples in domestic partnerships, but the fight for equality continues Couples living together, either prior to marriage or instead of marriage, are a common practice in South Africa. In law, this is referred to as a domestic partnership, which is defined as an interpersonal relationship between two people who live together and
The Bwanya Statement A win for #equalityinrelationships Cape Town, 30 September 2020 – The Women’s Legal Centre (WLC) welcomes the judgment handed down by the Western Cape High Court this afternoon relating to the rights of women living in opposite sex domestic partnerships. “I find that the failure to include the heterosexual partnerships within s1(1)