Maswanganye v Baloyi N.O and Another (62122/2014) [2015] ZAGPPHC 917 (4 September 2015)

Maswanganye v Baloyi N.O and Another (62122/2014) [2015] ZAGPPHC 917 (4 September 2015)

The court found that the applicant failed to establish the essential requirements of customary adoption, particularly the element of publicity and agreement between the families. Mere residence with the deceased and use of her surname were insufficient to constitute customary adoption. The applicant's biological...

Source-derived case information.

Citation
[2015] ZAGPPHC 917
Parties
Applicant: Doreen Maureen Maswanganye; Respondent: Dhumela Cathrine Baloyi N.O (in her capacity as executrix in the late estate Maggie Baloyi N.O.); Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2015
Case Number
62122/2014
Procedural Posture
Urgent Application / Judgment After Written Submissions
Outcome
Application dismissed with costs.
Judges
Makgoka
Legal Topics
Customary Adoption, Intestate Succession, Requirements for Adoption, Publicity in Customary Law
Family and Children Customary Adoption Intestate Succession Requirements for Adoption Publicity in Customary Law

Source-derived case record

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Doreen Maureen Maswanganye

Applicant

Dhumela Cathrine Baloyi N.O (in her capacity as executrix in the late estate Maggie Baloyi N.O.)

Respondent

Master of the High Court

Respondent

Procedural Posture

Urgent Application / Judgment After Written Submissions

Legal Issues

  1. 1 Whether the applicant was customarily adopted by the deceased.
  2. 2 If so, whether the applicant is entitled to inherit from the deceased's estate.
  3. 3 Whether the applicant is the sole surviving descendant of the deceased.

Ratio Decidendi

The court found that the applicant failed to establish the essential requirements of customary adoption, particularly the element of publicity and agreement between the families. Mere residence with the deceased and use of her surname were insufficient to constitute customary adoption. The applicant's biological parents received lobola upon her marriage, which further indicated that no adoption had occurred. The court held that adoption, whether statutory or customary, is a significant legal act requiring clear evidence of agreement and public acknowledgment, which was lacking in this case. Consequently, the applicant was not entitled to inherit from the deceased's estate, nor to be...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.