Hardie v Jansen and Others (19339/2014) [2015] ZAWCHC 104 (30 July 2015)

Hardie v Jansen and Others (19339/2014) [2015] ZAWCHC 104 (30 July 2015)

The court found, on the balance of probabilities and in light of overwhelming expert medical evidence, that Professor Hardie suffered from advanced dementia and Parkinson's disease at the time of the marriage. His cognitive impairments were severe, and he lacked the capacity to understand the nature and consequences of marriage. The marriage officer's concerns, corroborated by contemporaneous notes and medical reports, further supported the conclusion that the deceased could not provide valid consent. The first respondent failed to present credible evidence to refute the medical findings and created a fictitious dispute regarding capacity. The relationship between the deceased and the...

Citation
[2015] ZAWCHC 104
Parties
Applicant: Diana Ruth Hardie; Respondent: Winifred Maud Jansen; Respondent: Director General of the Department of Home Affairs; Respondent: Frances Elizabeth Hardie N.O.; Respondent: The Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 July 2015
Case Number
19339/2014
Procedural Posture
Review Application / Final Judgment
Outcome
The marriage between Professor Keith Allanson Hardie and Winifred Maud Jansen is declared null and void due to lack of capacity; no proprietary rights vest in the first respondent; applicant's costs to be paid from the estate.
Judges
Goliath
Legal Topics
Capacity to Marry, Nullity of Marriage, Mental Incapacity, Declaratory Relief, Costs Order
Family and Children Civil Procedure Capacity to Marry Nullity of Marriage Mental Incapacity Declaratory Relief Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Diana Ruth Hardie

Applicant

Winifred Maud Jansen

Respondent

Director General of the Department of Home Affairs

Respondent

Frances Elizabeth Hardie N.O.

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the deceased, Professor Keith Allanson Hardie, had the mental capacity to consent to a valid marriage at the time of the ceremony.
  2. 2 Whether the marriage between the deceased and the first respondent is null and void due to lack of capacity.
  3. 3 Whether the first respondent acquired any proprietary rights in the deceased's estate by virtue of the marriage.

Ratio Decidendi

The court found, on the balance of probabilities and in light of overwhelming expert medical evidence, that Professor Hardie suffered from advanced dementia and Parkinson's disease at the time of the marriage. His cognitive impairments were severe, and he lacked the capacity to understand the nature and consequences of marriage. The marriage officer's concerns, corroborated by contemporaneous notes and medical reports, further supported the conclusion that the deceased could not provide valid consent. The first respondent failed to present credible evidence to refute the medical findings and created a fictitious dispute regarding capacity. The relationship between the deceased and the...

Court Disposition

The marriage between Professor Keith Allanson Hardie and Winifred Maud Jansen is declared null and void due to lack of capacity; no proprietary rights vest in the first respondent; applicant's costs to be paid from the estate.

Orders

  • It is declared that Keith Allanson Hardie, due to his mental condition, was not capable of consenting to a valid marriage.
  • The marriage concluded between Keith Allanson Hardie and Winifred Maud Jansen on 10 December 2013 is null and void.