Recognition of de facto unions, intestate succession

The applicant and deceased were living together as husband and wife. They were engaged to be married at a determinable future date as soon as lobolo (bridewealth) negotiations between the deceased and the applicant’s family had been concluded. They had undertaken reciprocal duties of support, with the deceased supporting the applicant financially and the applicant providing love and support to the deceased. The deceased introduced the applicant as his wife. 
The applicant sought an order premised on certain provisions of the Intestate Succession Act and the Maintenance of Surviving Spouse Act being declared unconstitutional, insofar as she was excluded from inheriting intestate or claiming post death maintenance by virtue of the precedent established in Volks. 
The majority of the Court found the decision in Volks to be wrongful.  They questioned whether the decision to get married is always a choice. Noting that this is not a legal argument, and the vulnerability of many women in life-partnerships, they stated the real question to be asked is whether life-partnerships are deserving of constitutional protection. In the patriarchal culture that prevails in South Africa, women find it harder to receive income and accumulate property. Excluding opposite sex life partners would be tantamount to discrimination on the basis of marital status, which is presumptively unfair. There are two dissenting judgements.