Bhengu v Chamane and Other (18006/2024P) [2025] ZAKZPHC 48 (7 May 2025)

Bhengu v Chamane and Other (18006/2024P) [2025] ZAKZPHC 48 (7 May 2025)

The court found that the applicant's locus standi was sufficiently established for the limited purpose of asset preservation, given her nomination in the will and her application for executorship. The relief sought was not for inheritance but for safeguarding estate assets pending appointment of an executor. The court rejected arguments of non-joinder and lis pendens, finding them irrelevant at this stage since the application did not concern final rights to the estate. The court held that the Master should expedite the appointment of an executor and that the assets should be preserved by the Sheriff rather than placed under the applicant's control, to avoid further friction among...

Citation
[2025] ZAKZPHC 48
Parties
Applicant: Sthokozile Bronwyn Bhengu; Respondent: Siyabonga Chamane; Respondent: Mbongeni Shabalala; Respondent: The Master of the High Court
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
7 May 2025
Case Number
18006/2024P
Procedural Posture
Urgent Application / Application for Interim Relief Pending Appointment of Executor
Outcome
Application granted in part: Master directed to appoint executor within 14 days; estate assets to be preserved by Sheriff pending appointment; costs to be paid from estate.
Judges
P C Bezuidenhout
Legal Topics
Administration of Estates Act, Interim Asset Preservation, Executor Appointment, Customary Marriage Dispute
Civil Procedure Land and Property Administration of Estates Act Interim Asset Preservation Executor Appointment Customary Marriage Dispute

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Parties

Sthokozile Bronwyn Bhengu

Applicant

Siyabonga Chamane

Respondent

Mbongeni Shabalala

Respondent

The Master of the High Court

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Appointment of Executor

Legal Issues

  1. 1 Whether the applicant has locus standi to seek preservation of estate assets pending appointment of executor.
  2. 2 Whether the estate assets should be placed under the applicant's control or preserved by the court.
  3. 3 Whether non-joinder and lis pendens bar the relief sought.

Ratio Decidendi

The court found that the applicant's locus standi was sufficiently established for the limited purpose of asset preservation, given her nomination in the will and her application for executorship. The relief sought was not for inheritance but for safeguarding estate assets pending appointment of an executor. The court rejected arguments of non-joinder and lis pendens, finding them irrelevant at this stage since the application did not concern final rights to the estate. The court held that the Master should expedite the appointment of an executor and that the assets should be preserved by the Sheriff rather than placed under the applicant's control, to avoid further friction among...

Court Disposition

Application granted in part: Master directed to appoint executor within 14 days; estate assets to be preserved by Sheriff pending appointment; costs to be paid from estate.

Orders

  • The Master of the High Court, Pietermaritzburg is directed to appoint a duly qualified executor to the estate of the late Xolani James Chamane within fourteen (14) days of service of this order.
  • The motor vehicles (white Mercedes Benz, black BMW 325i, white Toyota Legend 45 bakkie) in First Respondent's possession shall be taken into control by the Sheriff of the High Court, Pietermaritzburg and kept until appointment of executor; storage fees and costs to be paid from the estate.