Matini v Matini and Others (20991/2021) [2022] ZAGPPHC 218 (23 March 2022)

Matini v Matini and Others (20991/2021) [2022] ZAGPPHC 218 (23 March 2022)

The court found that the applicant's written consent was not obtained for the sale and transfer of the immovable property, as required by section 15(2)(a) of the Matrimonial Property Act. However, the evidence established that the applicant was aware of the proposed sale, expressed no interest, and refused involvement. The purchasers, being family members, could not reasonably have known that the required consent was absent, particularly given the applicant's conduct and statements at the family meeting. The court held that the exception in section 15(9)(a) applied, deeming the transaction valid despite the lack of written consent. Consequently, the sale and transfer of the property were...

Citation
[2022] ZAGPPHC 218
Parties
Applicant: Longasizwe Betty Matini; Respondent: Johannes Tsakane Matini; Respondent: Khensani Margaret Matini; Respondent: Kgomotso Bella Matini; Respondent: Mzamane William Khoza; Respondent: Tshipa Gladys Khoza; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 March 2022
Case Number
20991/2021
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application dismissed. The sale and transfer of the property are declared lawful and valid.
Judges
Lazarus AJ
Legal Topics
Matrimonial Property Act, Alienation of Property, Community of Property, Written Consent Requirement, Transfer of Immovable Property
Family and Children Land and Property Matrimonial Property Act Alienation of Property Community of Property Written Consent Requirement Transfer of Immovable Property

Case Brief

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Parties

Longasizwe Betty Matini

Applicant

Johannes Tsakane Matini

Respondent

Khensani Margaret Matini

Respondent

Kgomotso Bella Matini

Respondent

Mzamane William Khoza

Respondent

Tshipa Gladys Khoza

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the sale and transfer of the immovable property without the applicant's written consent contravened section 15(2)(a) of the Matrimonial Property Act.
  2. 2 Whether the exception in section 15(9)(a) of the Matrimonial Property Act applies to deem the transaction valid despite lack of consent.
  3. 3 Whether the property should be declared part of the joint estate for purposes of divorce proceedings.

Ratio Decidendi

The court found that the applicant's written consent was not obtained for the sale and transfer of the immovable property, as required by section 15(2)(a) of the Matrimonial Property Act. However, the evidence established that the applicant was aware of the proposed sale, expressed no interest, and refused involvement. The purchasers, being family members, could not reasonably have known that the required consent was absent, particularly given the applicant's conduct and statements at the family meeting. The court held that the exception in section 15(9)(a) applied, deeming the transaction valid despite the lack of written consent. Consequently, the sale and transfer of the property were...

Court Disposition

Application dismissed. The sale and transfer of the property are declared lawful and valid.

Orders

  • The application is dismissed.
  • The sale and transfer of the immovable property from the first respondent to the fourth and fifth respondents, and subsequently to the second and third respondents, are declared lawful and valid.