A woman’s maintenance claim of more than R5m against the estate of her male life partner has highlighted the unequal protection afforded in law between heterosexual and same-sex unmarried people, says a Cape Times report. The latter are protected by the Civil Union Act, but heterosexual life partners are left in the cold because Parliament has not yet enacted law in that regard.

This subject came up in the Gauteng High Court (Pretoria), when Martha du Toit tried to claim from the estate of her late partner. The executor of the estate objected to the claim on legal grounds. Du Toit and her now deceased partner lived together for seven years before he died. But he was still married in community of property to his estranged wife.

He bequeathed the property in which he and Du Toit lived to her. She subsequently claimed more than R5m from her partner’s estate for her future maintenance, but the executor of the estate said her claim was invalid in law. Du Toit then turned to court. Acting Judge NT Siwendu said this was a constitutional matter as it pertained to important legal questions in the development of private and family law, and advised Du Toit to approach the top court.

Full Cape Times report (subscription needed)