An ongoing back and forth battle in court finally ended positively for a Zimbabwean woman, Jane Bwanya, who had been cohabiting with her partner, Anthony Ruch for 2 years before he passed away. Upon his death, it was revealed that Anthony’s will only accommodated for his mother who had passed away in 2013.

This situation led Jane to claim maintenance at the courts.

Legislation and Cohabiting

In accordance with South Africa’s Interstate Succession Act 81 of 1987 and Maintenance of Surviving Spouses Act 27 of 1990, Jane did not deserve any maintenance. This is because she and her partner were not married and did not have any children.

Challenging The Law

Jane Bwanya sought an order declaring the aforementioned Acts as unconstitutional. Additionally, she submitted evidence that Anthony had committed to a lifelong relationship despite not being married. She was represented by Women’s Legal Center Trust and the Commission For Gender Equality.

Anthony’s Diary To The Rescue

Jane shared with the courts that Anthony had promised to marry her and build a family with her. In an October 15, 2015 diary entry in Anthony’s diary which was produced as evidence in court, the deceased had even written about his plans to cement their relationship with a child.

Anthony is also said to have passed away 2 months before he was set to travel to pay lobola at Jane Bwanya’s home.

Amendments to the Legislation

With regards to the Jane Bwanya case, the Con Court papers stated that Jane was eventually awarded the following:

A claim of R6 734 964-36 against the estate of the deceased’s mother, Mrs Ruch, in respect of the value of the immovable property commonly known as 60 Rottingdean Road, Camps Bay which had been sold by the Executor of the deceased’s estate.

 

A further claim of R2 570 000 n respect of the value of the Seaways Flat located at 31 Beach Road, Mouille Point which was sold prior to the deceased’s death but finalised after his death. The deceased’s various financial investments worth R1 million comprising, inter alia, a PSG Investment, an Old Mutual Investment and cash in an FNB Account.

South African Parliament has now been given 18 months to amend the Interstate Succession Act 81 of 1987 and Maintenance of Surviving Spouses Act 27 of 1990 to ensure that surviving partners receive a share from their deceased lover’s estates.

Also in South Africa, a man was recently arrested for planting weed outside president Ramaphosa’s office.

The post Cohabiting Pays Off As Zimbabwean Woman Wins 10 Million Settlement…Thanks To South African Lover’s Secret Diary appeared first on Provoker Magazine.