Makgamatha v Ngwenya (028546-2023) [2024] ZAGPJHC 187 (27 February 2024)

Makgamatha v Ngwenya (028546-2023) [2024] ZAGPJHC 187 (27 February 2024)

The court found that the applicant for intervention, Ms Makgamatha, has a direct and substantial interest in the estate of the deceased, particularly regarding the immovable property subject to the settlement agreement. The statutory framework regulating customary law in intestate succession may allow non-biological children to inherit, which is relevant to the dispute over the respondents' status as heirs. Given these interests, the applicant for intervention should be joined in the main application to ensure all parties with a legitimate claim are before the court. The joinder is necessary for the proper adjudication of the matter and to avoid prejudice to any party.

Citation
[2024] ZAGPJHC 187
Parties
Applicant: Mmanoko Jeanneke Makgamatha; Respondent: Nakedi Salmina Ngwenya
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2024
Case Number
028546/2023
Procedural Posture
Joinder Application / Application for Joinder in Main Proceedings
Outcome
The application for joinder is granted.
Judges
Fisher
Legal Topics
Joinder of Parties, Intestate Succession, Customary Law, Removal of Executors
Civil Procedure Family and Children Joinder of Parties Intestate Succession Customary Law Removal of Executors

Case Brief

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Parties

Mmanoko Jeanneke Makgamatha

Applicant

Nakedi Salmina Ngwenya

Respondent

Procedural Posture

Joinder Application / Application for Joinder in Main Proceedings

Legal Issues

  1. 1 Whether the applicant for intervention has a direct and substantial interest in the estate and should be joined as a party.
  2. 2 Whether the settlement agreement dated 2 May 2013 or the document dated 5 April 2023 was made an order of court in the divorce proceedings.
  3. 3 Whether the respondents in the main application are biological heirs of the deceased for the purposes of intestate succession under customary law.

Ratio Decidendi

The court found that the applicant for intervention, Ms Makgamatha, has a direct and substantial interest in the estate of the deceased, particularly regarding the immovable property subject to the settlement agreement. The statutory framework regulating customary law in intestate succession may allow non-biological children to inherit, which is relevant to the dispute over the respondents' status as heirs. Given these interests, the applicant for intervention should be joined in the main application to ensure all parties with a legitimate claim are before the court. The joinder is necessary for the proper adjudication of the matter and to avoid prejudice to any party.

Court Disposition

The application for joinder is granted.

Orders

  • Ms Mmanoko Jeanneke Makgamatha is granted leave to intervene in the main application under case number 2023/028546.
  • Costs are costs in the cause.