Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)

Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)

The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under section 15(9)(a). As a result, the transfer was void and unenforceable, and the members' interest...

Citation
[2020] ZASCA 23
Parties
Appellant: Jacques Le Roux Marais N.O.; Appellant: Sivuvuyani Julian Shongwe N.O.; Respondent: Kgomotso Comfort Maposa; Respondent: Kgothatso Theodor Ledwaba; Respondent: Mokgohu Martha Ledwaba; Respondent: Seepunt Eiendomme CC; Respondent: Registrar of Deeds, Cape Town; Respondent: Companies and Intellectual Property Commission
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 March 2020
Case Number
642/2018
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal upheld. The transfer of 25% each of the members' interest in Seepunt Eiendomme CC to the first, second, and third respondents is declared void. The members' interest reverts to the joint estate of the late Mr Samuel Broodie and the late Ms Ephania Mogogodi Broodie.
Judges
Petse, Mbha, Van der Merwe, Plasket, Nicholls
Legal Topics
Matrimonial Property Act, Donation of Joint Estate Assets, Consent Requirement, Deemed Consent, Void Transfer, Executor Substitution
Family and Children Land and Property Civil Procedure Matrimonial Property Act Donation of Joint Estate Assets Consent Requirement Deemed Consent Void Transfer +1 more

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Parties

Jacques Le Roux Marais N.O.

Appellant

Sivuvuyani Julian Shongwe N.O.

Appellant

Kgomotso Comfort Maposa

Respondent

Kgothatso Theodor Ledwaba

Respondent

Mokgohu Martha Ledwaba

Respondent

Seepunt Eiendomme CC

Respondent

Registrar of Deeds, Cape Town

Respondent

Companies and Intellectual Property Commission

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse under section 15(3)(c) of the Matrimonial Property Act.
  2. 2 Whether the consent of the non-contracting spouse can be deemed under section 15(9)(a) of the Matrimonial Property Act where the third party failed to make reasonable enquiries.
  3. 3 Whether the transfer of the members' interest is void for lack of consent.

Ratio Decidendi

The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under section 15(9)(a). As a result, the transfer was void and unenforceable, and the members' interest...

Court Disposition

Appeal upheld. The transfer of 25% each of the members' interest in Seepunt Eiendomme CC to the first, second, and third respondents is declared void. The members' interest reverts to the joint estate of the late Mr Samuel Broodie and the late Ms Ephania Mogogodi Broodie.

Orders

  • Mr Jacques Le Roux Marais and Mr Sivuvuyani Julian Shongwe are substituted as appellants for the late Ms Ephania Mogogodi Broodie.
  • The first, second and third respondents are directed to pay the costs of the application for substitution, including the costs of two counsel.