She now stands to inherit the estate of her life partner, Anthony Ruch, which includes a guest house in Camps Bay and a flat in Sea Point.
Judge Magona also ruled that certain sections of the Maintenance of Surviving Spouses Act were unconstitutional.Evidence before the court was that the couple met in February 2014, while Bwanya was waiting for a taxi in Camps Bay to take her to Cape Town station to send goods to her family in Zimbabwe.
Two of Ruch’s friends supported her application, describing how the couple were always together and that he “treated her like a princess”. They were in the process of organising a trip to Zimbabwe so that he could pay lobola when he died unexpectedly in April 2016, aged 57.The Judge said the Act excluded life partners in permanent opposite-sex life partnerships from inheriting, as did the Maintenance of Surviving Spouses Act, which specifically defined “survivor”, “spouse”, and “marriage”.
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