We will be celebrating Father’s Day on Sunday, 19 June 2022. It is interesting to note that Father’s Day came into existence because of Mother’s Day. Sonara Smart Dodd dedicated a great deal of her life advocating for a day when fathers are honoured as well. The idea was welcomed by retailers who were already inspired by the great profits to be made from Mother’s Day sales. Father’s Day was officially declared so by President Robert Nixon in 1972 when he signed a Congressional resolution declaring the third Sunday in June as Father’s Day.
 
We wish every father an enjoyable Father’s Day on 19 June. We trust that you will have a wonderful time with your loved ones on this special day.
 

 “A father is neither an anchor to hold us back, nor a sail to take us there, 
but a guiding light whose love shows us the way.”
Unknown

We would like to reminder that original signed Wills must be returned to EFBOE as soon as possible for safekeeping. This is also to eliminate unnecessary follow ups around outstanding Wills.
 
An urgent request: Please do not hoard original signed Wills. Send them to EFBOE as soon as possible after they have been signed. If you need assistance with the delivery of Wills to our offices, please contact your marketers: Dawie Roux in the Gauteng and inland regions, and Marie Eksteen in the Cape and coastal regions. Collections can also be arranged.
 
We appreciate your co-operation in this regard.

June is Youth Month in South Africa. Youth Day is a public holiday, which will be celebrated on Thursday, 16 June 2022. This public holiday came into existence in 1995. According to South Africa’s National Youth Commission Act of 1996, the youth is defined as those between the ages 14 and 35 years. That being said, the saying goes that “you are only as old as you feel”. We hope everyone enjoys and celebrates this day with the youth of South Africa!
 

“Education is the most powerful weapon which you can use to change the world.”
 
“The working youth is critical to our future. The economy depends on you. With your hard work and efforts at improving your skills, you can make ours one of the most prosperous nations in the world.”
– Nelson Rolihlahla Mandela  

The traditional meaning of ‘spouse’ refers to a husband or a wife in a legal marriage. This includes partners in heterosexual as well as same-sex marriages.  South Africa became the first and only African country to legalise same-sex marriages under the Civil Union Act of 2006, which came into effect on 30 November 2006. A spouse is thus the significant other in either of these types of marriages.
 
Non-marital partners who play a social role similar to that of a spouse do not have the same rights or duties reserved by the law as a spouse in a marriage. This person is thus rather named a partner, a life partner or a live-in partner in a relationship.
 
Currently, a life partner has no claim against an estate when their partner passes away without a Will. A spouse will, however, inherit the estate of the deceased spouse if they passed away without a Will in terms of the Intestate Succession Act (Act 81 of 1987). In an instance where there is a spouse and children, the estate will be distributed according to the provisions of the Intestate Succession Act.
 
A real-life example
The legal case of a domestic worker, Jane Bwanya, in October 2020, succeeded in a re-evaluation of the regulations of the Intestate Succession Act. The Western Cape High Court ruled that the Act is unconstitutional in that it only caters for married heterosexual and same-sex couples.
 
This shortcoming was highlighted when Jane’s life partner unexpectantly passed away. Although there was a Will in place, it still nominated his mother as the sole beneficiary. His mother had, however, already passed away and he had no other living relatives, thus leaving no other beneficiaries. The estate, therefore, had to be administered under the Intestate Succession Act.
 
Jane took the case to court and, because of her action, she not only inherited from her partner’s estate, but also influenced amendments to legislation around marriages, which will be implemented in the coming months. These amendments will extend the definition of a ‘spouse’.
 
This case was discussed in detail in Newsletter 51 of November 2020.
 
Proposed amendments to the Marriage Act
When the Department of Home Affairs was busy with their 2021/2022 annual performance plan, they determined that the current legislation that regulates marriages in South Africa has been developed “without an overarching policy that is based on constitutional values” and “the understanding of modern societal dynamics”. This resulted in the drafting of new marriage laws, which will be submitted to the Cabinet for approval by 31 March 2023.
 
The department stated that “instead of creating a harmonized system of marriage in South Africa, the state has sought to give recognition to different marriage rituals through passing a range of different marriage laws”.
 
According to the Department, three different pieces of legislation currently regulate marriages and civil unions in the South Africa:

The Department plans to combine these different pieces of legislation into a single new Act, while simultaneously addressing the gaps in the current regulations:
 
“The new Marriage Act will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages that will accord with the doctrine of equality, non-discrimination and human dignity and encapsulated in the Constitution of the Republic of South Africa.”
 
The Department gazetted a green paper for public comment on its proposed amendments in May 2021. This paper articulated possible policy options and proposals based on inputs received; it was not the official policy position of the government. The white paper, which articulated clear policy proposals, was submitted to the Cabinet for approval on 31 March 2022. Should Cabinet approve the proposed changes, it will enable the drafting of new marriage legislation, which will then be submitted to Cabinet for approval by 31 March 2023.
 
The green paper included the following:

The oldest known Will, dated 2 500 BC, was found by Sir William Matthew Flinders Petrie in a tomb excavation in Kahun, Egypt
 
The deceased, one Sekhenren, bequethed all his property to his wife, Teta, with some clear stipulations. In categorical terms, he forbade his wife to “pull down” any of the houses that his brother had built for him. He further empowered her to give the houses to any of her children as she pleased.
 
The Will was witnessed by two scribes, something that the New York Times stated was “shockingly modern”. It also contained an attestation clause, which was so modern in form that it could have been written today! The papyrus is a valuable contribution to the study of ancient law, and shows the level of civilization of the ancient Egyptians with graphic realism.
 
It is believed that, in earlier times, Wills were not written but rather delivered orally, probably on the testator’s deathbed. Wills did not come to fashion for a long time in the West. The discovery of the oldest known Will indicates that such a system of settlement by deed or Will, was used long before in the East. It is also remarkable in that it exhibits one of the first recognitions of the power of a woman to acquire and to exercise property rights. This fact, in itself, affords evidence of the advanced level of thought that prevailed in Egypt at the time regarding women’s rights.

The Let’s Talk EFBOE Team