Cape Town – A legal expert says a matter before court is the step in the right direction for common law partnerships.
The Women’s Legal Centre (WLC) petitioned the Western Cape High Court on Friday, to present an application as amicus curiae (friends of the court) on seeking a declaratory order that common law duty be extended to allow for maintenance claims to partners in unmarried opposite sex life partnerships.
“The applicant ‘W’ seeks spousal maintenance from the respondent following the termination of their opposite sex life partnership. The applicant seeks a declaratory order that the common law duty of support be extended to allow for maintenance claims to partners in unmarried opposite sex permanent life partnerships”, the WLC said.
Legal expert Mpumelelo Zikalala says strides made by WLC in this matter is a promising step for same-sex marriages.
Zikalala has considered this application to be made very late considering the 26 years of the South African Constitution. He blames the department of justice for the stalling of equity on hetro sexual and same-sex marriages.
“Blame should be cast on the Department of Justice for not equalising law in same sex and hetro sexual unions. It is the department of justice that plays the role of a custodian of our law as a country.
“Protection of the rights of same-sex and hetro sexual relationships and marriages is at the prerogative of the department of justice,” he said.
Zikalala has said that a recent judgement made by Judge Baqwa has intricately defined the meaning of a spouse in a legal framework and says it is a positive stride in safeguarding the rights of both hetro sexual and same-sex marriages.
Zikalala says this matter should be well received by the courts and is confident that same-sex marriages will receive the attention they deserve in equalising their rights.
“The courts may face challenges as the acts must be passed in parliament but this is definitely a step in the right direction,” he said.
Nomathemba Masemula of WLC said the matter could not be concluded on Friday when the petition was made.
“The matter could not be concluded on Friday and further submissions still need to be made.
“The WLC was admitted as amicus curiae in the case and we were allowed to then make submissions to the Court.
“The case was postponed to a date to be determined by the parties in consultation with the Court,” she said.