An Examination of the Recent Developments and Gaps in the Rights to Maintenance for Partners within Unmarried Intimate Relationships in South Africa

Abstract

This dissertation examines the evolving legal treatment of maintenance rights for partners in unmarried intimate relationships in South Africa. While the South African legal system has made notable strides in recognising diverse family structures, significant gaps remain in affording adequate protection to life partners who do not formalise their relationships through marriage. The analysis reveals that maintenance obligations for such partners are inconsistently recognised, often relying on contractual agreements or piecemeal extensions, and fail to provide ex lege protections comparable to those enjoyed by spouses in legally recognised marriages. Drawing on recent case law, statutory provisions, and the work of the South African Law Reform Commission (SALRC), this study interrogates the existing legal framework, highlighting inconsistencies and socio-economic injustices that arise from the absence of comprehensive legislation. The discussion includes an in-depth analysis of key decisions such as Volks v Robinson, Gory v Kolver, Paixão v Road Accident Fund, and Bwanya v Master of the High Court. Further, the dissertation explores proposed reforms, including the 2008 Draft Domestic Partnerships Bill and the 2021 SALRC Discussion Paper on the Single Marriage Statute, evaluating their potential to address these gaps. A comparative analysis with foreign jurisdictions and international legal instruments is also undertaken to situate South Africa’s approach within a broader context and identify models of best practice. The dissertation places emphasis on ensuring that the law protects economically vulnerable partners, particularly women, and aligns with constitutional values of equality, dignity, and access to justice.