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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.
The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government ...
Ethel Robinson was in a monogamous permanent life partnership with one Mr. Shandling from 1985 until his death in 2001. Though they were not legally married and had no children together, they had lived together continuously in Cape Town since 1989; they shared household costs and Robinson, a freelance journalist, was to a large extent dependent on the deceased's financial assistance.
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). [1]
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...
The Western Cape Division at Cape Town; The origins of the High Court lie in the Supreme Courts of the four colonies (the Cape Colony, Transvaal Colony, Natal Colony and Orange River Colony) from which the Union of South Africa was formed; these became provincial
Volks v Robinson (2005) and Jane Bwanya v The Master of the High Court, Cape Town (2021) [ edit ] Volks v Robinson looked at whether a law providing for surviving spouses to receive maintenance from a deceased person's estate was unconstitutional on the grounds that it did not include unmarried cohabitants.
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda , with subordinate local seats at Gqeberha , Bhisho and Mthatha , as well as a circuit court in East London .