Cele and Others v Cele and Others (8488/2015) [2017] ZAKZDHC 2 (9 January 2017)

Cele and Others v Cele and Others (8488/2015) [2017] ZAKZDHC 2 (9 January 2017)

The court found that the applicants, except for the fifth applicant, were the children of Matshotsho Tholakele Cele and Mfana Cele, who were married in community of property. Upon Tholakele's death, the Intestate Succession Act applied, and Mfana Cele inherited her share of the joint estate. When Mfana Cele remarried the first respondent in community of property, the property became part of their joint estate. Upon Mfana Cele's death, the value of the estate was below the statutory threshold, and the first respondent inherited the property in terms of the Intestate Succession Act. The applicants failed to establish any right to inherit under either statutory or customary law, and their...

Citation
[2017] ZAKZDHC 2
Parties
Applicant: Zamo Musawenkosi Cele; Applicant: Thabisile Zandile Mlangeni; Applicant: Dumile Beauty Nene; Applicant: Goodness Nesi Sishi; Applicant: Nontuthuko Edith Cele (Marital); Applicant: Bongiwe Lynette Cele; Applicant: Vusumuzi Terrence Cele; Respondent: Ntombizethu Antonia Cele; Respondent: Sibusiso Mofokeng; Respondent: Tshepiso Maribane; Respondent: Registrar of Deeds; Respondent: Master of Deeds
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
9 January 2017
Case Number
8488/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs jointly and severally, the one paying the other to be absolved.
Judges
Steyn
Legal Topics
Intestate Succession, Community of Property, Inheritance Rights, Customary Law of Succession
Land and Property Family and Children Intestate Succession Community of Property Inheritance Rights Customary Law of Succession

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Parties

Zamo Musawenkosi Cele

Applicant

Thabisile Zandile Mlangeni

Applicant

Dumile Beauty Nene

Applicant

Goodness Nesi Sishi

Applicant

Nontuthuko Edith Cele (Marital)

Applicant

Bongiwe Lynette Cele

Applicant

Vusumuzi Terrence Cele

Applicant

Ntombizethu Antonia Cele

Respondent

Sibusiso Mofokeng

Respondent

Tshepiso Maribane

Respondent

Registrar of Deeds

Respondent

Master of Deeds

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Were the applicants entitled to inherit from the estates of the late Matshotsho Tholakele Cele and/or the late Mfana Cele?
  2. 2 Was the property lawfully inherited by the first respondent in terms of the Intestate Succession Act, thereby entitling her to ownership and the right to sell?
  3. 3 Did the applicants have any valid claim to the property under customary law or statutory law?

Ratio Decidendi

The court found that the applicants, except for the fifth applicant, were the children of Matshotsho Tholakele Cele and Mfana Cele, who were married in community of property. Upon Tholakele's death, the Intestate Succession Act applied, and Mfana Cele inherited her share of the joint estate. When Mfana Cele remarried the first respondent in community of property, the property became part of their joint estate. Upon Mfana Cele's death, the value of the estate was below the statutory threshold, and the first respondent inherited the property in terms of the Intestate Succession Act. The applicants failed to establish any right to inherit under either statutory or customary law, and their...

Court Disposition

Application dismissed with costs jointly and severally, the one paying the other to be absolved.

Orders

  • The application is dismissed.
  • Costs are awarded against the applicants jointly and severally, the one paying the other to be absolved.