Abstract

Unmarried permanent life partnerships have become a common phenomenon in South Africa. In EW v VH 2023 (4) SA 123 (WCC), the Western Cape High Court had to deal with an application for maintenance pendente lite and a contribution towards costs following the termination of a ‘permanent romantic relationship’. Part of the application was a prayer for developing the common law to recognise a claim for ongoing maintenance for life partners. An interim and constitutionally sound remedy for such couples upon the breakdown of their relationship needed to be found in the interests of justice. We examine the court’s constitutional duty to promote the spirit, purport and objects of the Bill of Rights when developing the common law and conclude that the lack of maintenance pendente lite protection for life partners undoubtedly constitutes unfair discrimination against a traditionally disadvantaged group: unmarried, cohabiting women.