Bwanya v Master of the High Court
South African legal case / From Wikipedia, the free encyclopedia
Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate succession. It was decided by the Constitutional Court of South Africa on 31 December 2021 with a majority judgment written by Justice Mbuyiseli Madlanga. A majority of the court upheld a challenge to the constitutionality of the Intestate Succession Act, 1981 and Maintenance of Surviving Spouses Act, 1990, holding that it was unfairly discriminatory to exclude the survivors of permanent life partnerships from the protections the acts extend to the survivors of legal marriages. Bwanya therefore overturned the holding in Volks v Robinson.
Quick Facts Bwanya v Master of the High Court, Court ...
Bwanya v Master of the High Court | |
---|---|
Court | Constitutional Court of South Africa |
Full case name | Jane Bwanya v Master of the High Court, Cape Town and Others |
Decided | 31 December 2021 |
Docket nos. | CCT 241/20 |
Citation(s) | [2021] ZACC 51; 2022 (4) BCLR 410 (CC); 2022 (3) SA 250 (CC) |
Case history | |
Appealed from | High Court of South Africa, Western Cape Division – Bwanya v Master of the High Court, Cape Town [2020] ZAWCHC 111 |
Court membership | |
Judges sitting | Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mhlantla J, Theron J, Tshiqi J, Pillay AJ and Tlaletsi AJ |
Case opinions | |
The Intestate Succession Act, 1987 is unconstitutional to the extent that it discriminates between the survivors of marriages and the survivors of life partnerships. (9:1). The Maintenance of Surviving Spouses Act, 1990 is unconstitutional to the same extent. (6:4). | |
Decision by | Madlanga J (Khampepe, Majiedt, Pillay, Theron and Tlaletsi concurring) |
Concur/dissent | Jafta J (Mhlantla and Tshiqi concurring) |
Dissent | Mogoeng CJ |
Close