E.W v V.H (12272/2022) [2023] ZAWCHC 58; [2023] 2 All SA 404 (WCC); 2023 (4) SA 123 (WCC) (17 March 2023)

E.W v V.H (12272/2022) [2023] ZAWCHC 58; [2023] 2 All SA 404 (WCC); 2023 (4) SA 123 (WCC) (17 March 2023)

The majority held that the applicant failed to establish the necessity or appropriateness of developing the common law to recognise a duty of support between unmarried opposite-sex permanent life partners following termination of the relationship. The court found that the applicant already has a common law remedy, as recent jurisprudence (Bwanya) recognises that a duty of support may arise in relationships akin to marriage, provided it is proven in a familial setting. The pending action is the appropriate forum to determine the existence of such a partnership and any entitlement to maintenance. The court emphasised that development of the common law requires clear parameters, sufficient...

Citation
[2023] ZAWCHC 58
Parties
Applicant: EW; Respondent: VH; Amicus Curiae: Women’s Legal Centre Trust
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 March 2023
Case Number
12272/2022
Procedural Posture
Urgent Application / Full Court Hearing of Urgent Application for Interim Maintenance and Development of Common Law, Pending Final Determination of Action
Outcome
Application dismissed with no order as to costs.
Judges
Cloete, Wille, Slingers
Legal Topics
Maintenance Claims, Permanent Life Partnerships, Reciprocal Duty of Support, Bill of Rights Limitation, Development of Common Law
Family and Children Constitutional Law Maintenance Claims Permanent Life Partnerships Reciprocal Duty of Support Bill of Rights Limitation Development of Common Law

Case Brief

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Parties

EW

Applicant

VH

Respondent

Women’s Legal Centre Trust

Amicus Curiae

Procedural Posture

Urgent Application / Full Court Hearing of Urgent Application for Interim Maintenance and Development of Common Law, Pending Final Determination of Action

Legal Issues

  1. 1 Whether the common law should be developed to recognise a duty of support and maintenance between unmarried opposite-sex permanent life partners following termination of the relationship.
  2. 2 Whether the applicant is entitled to interim maintenance and a contribution towards costs pending the final determination of the action.
  3. 3 Whether the facts establish a permanent life partnership with reciprocal duties of support in a familial setting.

Ratio Decidendi

The majority held that the applicant failed to establish the necessity or appropriateness of developing the common law to recognise a duty of support between unmarried opposite-sex permanent life partners following termination of the relationship. The court found that the applicant already has a common law remedy, as recent jurisprudence (Bwanya) recognises that a duty of support may arise in relationships akin to marriage, provided it is proven in a familial setting. The pending action is the appropriate forum to determine the existence of such a partnership and any entitlement to maintenance. The court emphasised that development of the common law requires clear parameters, sufficient...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed with no order as to costs.