Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18; 2018 (3) SA 129 (WCC); [2018] 2 All SA 364 (WCC) (19 February 2018)

Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18; 2018 (3) SA 129 (WCC); [2018] 2 All SA 364 (WCC) (19 February 2018)

The court found that the transfer of the member's interest in Seepunt Eiendomme CC by the deceased to the first, second, and third respondents constituted a donation requiring the applicant's written consent under section 15(3) of the Matrimonial Property Act. The applicant did not consent to the donation, nor did she ratify it by her conduct after learning of the transfer. However, the respondents did not know and could not reasonably have known that the deceased was married in community of property or that spousal consent was required. The deceased's conduct, including contracting a putative customary marriage and maintaining separate households, constituted a representation that he was...

Citation
[2018] ZAWCHC 18
Parties
Applicant: Ephenia Mogogodi Broodie N.O.; Respondent: Kgomotso Comfort Maposa (neé Ledwaba); Respondent: Kgothatso Theodor Ledwaba; Respondent: Mokgohu Martha Ledwaba; Respondent: Seepunt Eiendomme CC; Respondent: The Registrar of Deeds, Cape Town; Respondent: The Companies and Intellectual Property Commission
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 February 2018
Case Number
1990/2017
Procedural Posture
Review Application / Separated Issue on Statutory Consent Under Matrimonial Property Act; Referral of Fraud and Capacity Allegations to Trial
Outcome
Application based on lack of spousal consent under section 15 of the Matrimonial Property Act dismissed; allegations of fraud and lack of mental capacity referred to trial.
Judges
Binns-Ward
Legal Topics
Matrimonial Property Act, Community of Property, Close Corporation Member Interest, Donation Without Spousal Consent, Ratification of Alienation, Motion Proceedings Dispute of Fact
Family and Children Civil Procedure Commercial and Corporate Matrimonial Property Act Community of Property Close Corporation Member Interest Donation Without Spousal Consent Ratification of Alienation +1 more

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Parties

Ephenia Mogogodi Broodie N.O.

Applicant

Kgomotso Comfort Maposa (neé Ledwaba)

Respondent

Kgothatso Theodor Ledwaba

Respondent

Mokgohu Martha Ledwaba

Respondent

Seepunt Eiendomme CC

Respondent

The Registrar of Deeds, Cape Town

Respondent

The Companies and Intellectual Property Commission

Respondent

Procedural Posture

Review Application / Separated Issue on Statutory Consent Under Matrimonial Property Act; Referral of Fraud and Capacity Allegations to Trial

Legal Issues

  1. 1 Whether the transfer of a member's interest in a close corporation by the deceased to the first, second, and third respondents was invalid for lack of spousal consent under section 15 of the Matrimonial Property Act.
  2. 2 Whether the respondents could rely on section 15(9)(a) of the Matrimonial Property Act to deem the transaction valid due to lack of knowledge and inability to reasonably know of the absence of consent.
  3. 3 Whether the applicant ratified the donation by her conduct after learning of the transfer.

Ratio Decidendi

The court found that the transfer of the member's interest in Seepunt Eiendomme CC by the deceased to the first, second, and third respondents constituted a donation requiring the applicant's written consent under section 15(3) of the Matrimonial Property Act. The applicant did not consent to the donation, nor did she ratify it by her conduct after learning of the transfer. However, the respondents did not know and could not reasonably have known that the deceased was married in community of property or that spousal consent was required. The deceased's conduct, including contracting a putative customary marriage and maintaining separate households, constituted a representation that he was...

Court Disposition

Application based on lack of spousal consent under section 15 of the Matrimonial Property Act dismissed; allegations of fraud and lack of mental capacity referred to trial.

Orders

  • The applicant's supplementary founding affidavit and further replying affidavit are admitted.
  • Specified portions of the applicant's replying papers are struck out; no order as to costs for striking out.